MP Waqf Board has no right over three Mughal-era properties in Madhya Pradesh : Jabalpur High Court’s decision

Jabalpur (Madhya Pradesh) –  Madhya Pradesh (MP) Waqf Board has no right over the three Mughal-era properties viz. Bibi ki Masjid, Adil Shah Mubarak Shah’s tomb, and Begum Shuja’s tomb in Burhanpur District. Jabalpur High Court has issued an order that the Waqf Board has no right over these three properties. These properties are ancient and under the Ancient Monuments Preservation Act, 1904, they have been declared as protected monuments by the Archaeology Survey of India (ASI). The Waqf Board had declared these properties as its own and a petition was filed in Jabalpur High Court to that effect.

1.Burhanpur Waqf Board’s President Sheikh Farukh has stated that the Court’s decision would be challenged in a two-member Bench of the Court.

2.Kamaruddin Falak, a historian, stated that the High Court’s decision was good and should be welcomed. He added that these three sites are historical monuments. These monuments should be handed over to such a Department that will be able to take care of the properties since they have experts and experienced people. Had these properties been transferred to the Waqf Board, they would not have been able to realise the significance of these monuments.

3.It has been stated in the petition that in 2013, the Waqf Board declared the monuments as its property, but under the Protection of Ancient Monuments Act, 1904, these properties have been listed under ancient and protected properties by the Archaeological Survey of India (ASI). In this situation, they cannot be considered as the Waqf Board’s properties.

4.Jabalpur High Court has stated that Waqf Board’s notification cannot override the rights of ASI or the Union Government. Now, the Waqf Board has no right over these historical sites.

Editorial Perspective

The Union Government needs to abolish the Waqf Law and Board in the first place. Waqf Board has right to the largest land after Railway and Defence Ministry in this country which is not good for the security of this country.