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Amid an ongoing legal and political firestorm over the Waqf Act, Jagdambika Pal, BJP MP and chairperson of the Joint Parliamentary Committee (JPC) that reviewed the Waqf Bill, strongly defended the government’s stand, saying the Waqf Board is not a religious body but a legal, statutory one. Speaking exclusively to NewsX, Pal backed the Supreme Court’s interim order and criticized opposition leaders like Kapil Sibal and Mamata Banerjee for “politicizing” the matter.
He also addressed several other pressing issues, including the inclusion of non-Muslims in the Waqf Board, and the political row triggered by West Bengal Chief Minister Mamata Banerjee following the violence in Murshidabad. Pal firmly clarified the legal standing of the Waqf Board and pushed back against the recent wave of allegations by the opposition.
“Waqf Board is a statutory body, not a religious one”
Responding to the Supreme Court’s interim order in the Waqf case, Jagdambika Pal emphasized that the legal status of the Waqf Board has been clearly established by courts in the past.
“Jo baat uthaya gaya hai Supreme Court mein to humne is sawal pe JPC pe kaafi discussion hua aur samay-samay pe faisla ho chuka. 2010 mein Supreme Court mein Ramraj Foundation vs Union of India mein faisla ho chuka hai ki yeh koi dharmik sanstha nahi hai. Waqf Board ek kanooni nikay hai jo waqf ki property ke liye rakh-rakhav karta hai.”
Citing past judgments, he added, “1982 mein State Board of Karnataka vs Nazir Ahmad mein bhi faisla ho chuka ki yeh ek vidhi ki executive body hai, statutory body hai. Toh ek nahi, tamaam uchch nyayalayon aur Supreme Court ne faisla diya hai ki Waqf Board ek sirf executive and statutory body hai aur wo dharmik sanstha nahi hai.”
Pal explained that the inclusion of non-Muslims on the Waqf Board is not a violation of religious freedom, as the board is an administrative body—not a religious one.
Non-Muslims Can Be Part of Statutory Boards
Amidst the debate over non-Muslim representation in the Waqf Board, Pal addressed a recurring question—can Muslims be included in religious boards of other faiths?
“Jo yeh state government ki body hai aur jaisa humne kaha ki wo board koi dharmik body nahi hai. Dharmik body hogi toh usme nahi ho sakta. Lekin agar executive body hogi jisme prashasnik log rahenge, statutory body hogi toh usme toh reh sakte hain. Iska faisla High Court aur Supreme Court kar chuka hai.”
Controversy Over Waqf Land: Collector’s Role Clarified
One of the most debated points raised in the Supreme Court has been over whether a district collector has the authority to make decisions regarding Waqf land. Senior advocate Kapil Sibal challenged this in court.
In response, Jagdambika Pal said, “Mujhe lagta hai ki Sibal sahab ne poora bill padha nahi. Agar Waqf ki property mein aur kahin government ki property mein kisi property mein dispute hoga toh ab collector nahi decision karega. Uska faisla collector se upar, humne amend karke kar diya hai ki wo government ka state government ka secretary level ka officer hoga jo district collector nahi hoga ya commissioner rank ka hoga.”
Pal insisted that the amended bill, which has already been passed, ensures the collector is not the final authority on disputed Waqf properties.
On ‘Waqf by User’ and the Importance of Documentation
Another point of contention has been the practice of “Waqf by user”—where land is treated as Waqf due to long-term usage without formal documentation. Pal clarified that the government has put an end to this practice moving forward.
“Supreme Court ne kaha jaise waqf by user toh 200 saal pehle hua hoga, uska deed nahi hoga toh kaise hoga. Waqf by user jo humne khatam kiya prospective manner mein ki ab bhavishya mein koi waqf hoga toh uska deed hoga aur usko WAMSI portal pe upload karenge.”
He stressed that retrospective cases with clear usage—such as mosques, graveyards, and Imambaras—would continue to be treated as Waqf properties.
Mamata Banerjee Blames BJP for Murshidabad Violence
In the wake of the recent violence in Murshidabad, West Bengal CM Mamata Banerjee blamed the BJP, Home Minister, and BSF, claiming the incident was “pre-planned” by the ruling party at the Centre.
Jagdambika Pal pushed back sharply, “Toh unki police kya kar rahi thi? Unko kyon nahi giraftaar kar rahi? Pita-putra ki jo hatya kar di gayi, jis tarah se Murshidabad mein ek violence ghar mein ghus ke—unko aaj tak kyon nahi giraftaar kiya ja raha hai? Dukaane loot li gayi, poori police khadi rahi.”
He accused the Mamata Banerjee government of complete law and order failure, citing mass Hindu displacement in parts of West Bengal.
Mamata Calls Yogi Adityanath ‘Bhogi’; Pal Responds
Reacting to Mamata Banerjee’s jibe at Uttar Pradesh Chief Minister Yogi Adityanath—calling him a “bhogi” instead of a “yogi”—Pal said, “Mamata Banerjee kuch bhi keh rahi hain. Trinamool Congress ke log jo bhasha Kalyaan Banerjee ki… jis tarah bottle phenkte the. Aaj ab Yogi ji ko desh ki janta tay kar rahi hai, pradesh ki janta tay kar rahi hai. Wo ek peeth ke peethadheeshwar hain aur unke upar is tarah ka cheez keh rahi toh mujhe lagta hai unko sharm aani chahiye.”
The Congress party has launched nationwide protests over the Enforcement Directorate’s investigations against Sonia Gandhi and Rahul Gandhi, calling it a political conspiracy. Although this topic was not the main focus of the interview, it added to the ongoing national debate on the use of investigative agencies.
