Taking umbrage over the way the Telangana State Wakf Board is performing, the Chief Justice of High Court has summoned the CEO for an explanation about the board’s lackadaisical approach and inefficiency to safeguard the properties which are dedicated to Allah SWT, the Almighty.
The Chief Justice of High Court observed that the Wakf Board has categorically failed to protect the Wakf properties in the state by not taking appropriate action against the alleged encroachments.
The observation made by the Chief Justice of High Court Raghavendra Singh Chauhan while hearing Private Interest litigation (PIL) filed by Khaja Bilal Ahmed seeking a declaration of inaction in taking steps against the Muthabvalli’s of Kabrastaan by the respondent such as Principal Secretary Minority Welfare Department, Chairman and CEO of Telangana State Wakf Board, Tahsildar Rajendranagar Mandal and Station House Officer Narsingi Police Station as illegal and arbitrary.
While hearing the matter with two other PILs of a similar nature, the Chief Justice observed that “It is the fundamental duty of the Wakf Board to protect the wakf properties through the state. However, the Wakf board seems to be failing in discharging its essential duty. The issuance of notice under section 54(1) of the Wakf Act to the encroachers is not a mere formality to be performed. In fact substantial and concrete steps need to be taken against those who encroach upon the property which is dedicated to Allah the Almighty. Instead, the Telangana state Wakf Board seems to be merrily sleeping over the alleged encroachments upon its property.”
While posting the matter on 16th November, the chief justice directed the Chief Executive Officer of Wakf Board to present before the court on the day of hearing to explain the lackadaisical performance of the board and its inability to protect its own property throughout the state.
The high court also observed that it has already directed the Telangana state Wakf Board to file a detailed report in this regard as the report filed earlier was an incomplete one. This court had clearly noted that in the earlier report the Wakf Board nowhere indicates the extent of the graveyard. Moreover, there is no indication that any criminal action has been initiated against the alleged encroachers upon the Wakf Property. Consequently, another report has been submitted or 13th September 2020 and the same shall be taken on record.
According to the report, the court said, there are 723 Muslim graveyards which exist in the GHMC area out of which there are encroachments on 86 graveyards. However, only five FIRs have been lodged by the Telangana state Wakf Board against the alleged encroachers. It is, indeed, surprising that as against the 86 encroachments, only live FIRs have been filed. Moreover, despite the fact that notices have been issued to the alleged trespassers under Section 54(1) of the Wakf Act as far back as in the year 2OO2, 2OO4, 2OO7, 2010, and 2018, it is unclear as to what is the outcome of the issuance of the notices under the said provision of law. The report neither accompanied by an affidavit not explains the reasons nowhere as to why criminal action has not been taken against the alleged encroachers,” said the court.
