Thane, Aug 13: Eighteen patients have died in the last 24 hours at the Chhatrapati Shivaji Maharaj Hospital in Kalwa in Thane, civic commissioner Abhijit Bangar said on Sunday.

These comprise 10 women and eight men, of which six are from Thane city, four from Kalyan, three from Sahapur, one each from Bhiwandi, Ulhasnagar and Govandi (in Mumbai), one patient is from some other place and and one is unidentified, he said.

Twelve of the deceased were above the age of 50, Bangar added.

Earlier, state health minister Tanaji Sawant and local Deputy Commissioner of Police Ganesh Gawde had put the number of deaths at 17.

Addressing a news conference, Bangar said Chief Minister Eknath Shinde had taken feedback about the situation and had ordered the setting up of an independent probe committee that will be headed by the commissioner of health services and will include collector, civic chief, director of health services, interventionist at state-run JJ Hospital in Mumbai and civic surgeon.

It will carry out probe into the clinical aspect of the deaths, he added.

These patients had complications of kidney stone, chronic paralysis, ulcer, pneumonia, kerosene poisoning, septicemia etc, he said.

"The line of treatment will be probed and statements of kin of the deceased etc will be recorded. Allegations of negligence levelled by some kin is a serious matter, which the probe committee will look into," Bangar said.

"The entire COVID staff of 500 has been shifted to this hospital and additional nursing staff has been appointed. We are also aiming to have round the clock post mortem facility here," he told reporters.

Earlier in the day, state health minister Sawant said the dean of the hospital had been asked to submit a report in two days.

A Thane Municipal Corporation official said the deaths were being analysed and several civic officials are at the heavily-patronised facility for inspection of records etc.

Speaking to PTI, Deputy Commissioner of Police Ganesh Gawde said, "We have information of 17 deaths in the last 24 hours. We have been told the usual figure per day is six to seven."

"The hospital management told us some of the patients arrived there in a critical stage and succumbed during treatment. Some were elderly. We have increased police presence at the hospital to avoid any untoward incident due to these high number of deaths," the DCP informed.

Speaking on the issue, Sawant said, "Of these 17, a total of 13 were in the ICU. A few days ago, five patients had died in the hospital. The state government has asked the dean to submit a report in two days."

"Action will be taken as per the report of the dean. This hospital comes under the state medical education and research department. Its minister Hasan Mushrif has reached the hospital and he is looking into the matter," Sawant told reporters in Pune.

Nationalist Congress Party chief Sharad Pawar called the deaths heart-breaking and said the administration did not wake up despite five deaths at the facility in a single day recently.

Maharashtra minister and BJP leader Girish Mahajan said "16 deaths" in a a single day in a hospital with a capacity of 500 was a matter of concern.

NCP leader and MLA from the region Jitendra Awhad said the hospital was mismanaged and asked the administration to set things right before it was too late.

State minister Aditi Tatkare, who visited the hospital, called the deaths unfortunate and said the Maharashtra government will take all efforts to ensure such an incident is not repeated.

Nationalist Congress Party spokesperson Clyde Crasto sought a detailed inquiry into the deaths.

Chief Minister Shinde belongs to Thane and the medical negligence leading to these deaths took place in his backyard (Thane is the stronghold of Shinde), Crasto said.

It goes to show Shinde is not paying attention to Thane and is "probably so busy in breaking and forming governments that he has no time for his own people", the NCP leader alleged.

State NCP chief Jayant Patil too slammed CM Shinde, saying the latter boasted about "government at your doorstep" but there was lack of medical facilities in his own backyard.

Former Thane mayor Naresh Mhakse, who is also spokesperson of the Eknath Shinde-led Shiv Sena, said the hospital was "over loaded" and was treating 650 patients per day against a capacity of 500.

The civil hospital in the area is being renovated so the load falls on this facility in Kalwa, Mhaske claimed.

Hospital sources, meanwhile, said some doctors were down with dengue which was also affecting the running of the facility.

Local MNS leader Avinash Jadhav sought proactive measures to improve the efficiency of the hospital.

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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.