Congress takes on Modi over 'industrialist' remark
New Delhi, July 29 : With Prime Minister Narendra Modi asserting that he was "not afraid of" publicly standing beside industrialists because his intentions were "noble", the Congress hit out at him, saying he should not lend his legitimacy and respectability to such corporates.
"If the Prime Minister feels alright to be photographed with such people, who allegedly ripped off the banking system, and run away to Antigua and London or probably disappear from the earth, then I leave it to the Prime Minister's wisdom to lend his legitimacy and respectability to such people," Congress spokesperson Manish Tewari said at a press conference.
"The question is not the capitalists or industrialists. The question is what kind of capitalists or industrialists," he said, while stressing his party was not against industrialists and capitalists, but against "crony capitalists".
"The Congress feels that private enterprise has a legitimate place in the developmental trajectory of the country. But what we are against is crony capitalism and the nexus between the suit and the boot. 'The Suit Boot ki Sarkar', when the government functions for the benefit of a few at the cost of many," he said.
Tewari also hit out at Modi for comparing himself with Mahatma Gandhi, saying: "What is even more astonishing is that the Prime Minister went and compared himself to Mahatma Gandhi.
"its unfortunate because no politician should compare himself to the father of the nation. He said that even Mahatma Gandhi used to carry industrialists with him. Again the question is what kind of industrialists. They were those people who in the teeth of British tyranny, British imperialism, in the teeth of persecution were ready to stake in sacrifice everything they had for the freedom of India."
These industrialists stood with Mahatma Gandhi and the Indian National Congress because their goal was the freedom of India, and were "not those industrialists who had gamed the banking system and runaway with thousands of crores of public money," he said.
Slammed Modi over development issues, Tewari said that "the Prime Minister patted himself on the back saying that the country is developing splendidly", but this is not borne out by facts.
"The facts are that farmers are forced to sell their crop below the minimum support price. The fact is that small and medium industry is closing down rapidly across the country."
On Modi's visit to Uttar Pradesh, Tewari said when any Prime Minister visits a state seven times, six or nine months before the Lok Sabha elections, it is possibly the most "potent barometer of the nervousness" of both the Bharatiya Janata Party (BJP) and the Prime Minister of India.
"This is perhaps the seventh trip that the Prime Minister is making to Uttar Pradesh in less than a month."
He also criticised BJP President Amit Shah's interview to a newspaper where he mentioned the Rs 12 crore Mudra loans for youth, saying the question was "how many sustainable livelihoods have those loans created".
Congress spokesperson Randeep Singh Surjewala meanwhile tweeted: "Dear PM, your political career reeks of a culture of cronyism! From giving land to your crony friends at throwaway prices in Guj to GSCPC scam, from promoting select mobile wallets in DeMo to gifting largest defence contracts in Rafale! So spare us the lecture!"
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Once a Waqf, always a Waqf
Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.
The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.
Concept of Waqf
The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.
Auqaf in India
The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.
Management of Auqaf in Karnataka
During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.
Abolition of Zamindari System
Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.
Waqf is always a Waqf
Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.
The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.
The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.
Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.
This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.
