Context:
The All India Muslim Personal Law Board (AIMPLB) has filed a rejoinder affidavit before the Supreme Court in response to a counter affidavit by the Central Government, challenging the data and claims made regarding Waqf properties post the 2013 amendment to the Waqf Act. The matter arises in the context of a broader petition challenging the Waqf (Amendment) Act, 2025, which is scheduled for hearing on May 5, 2025, before a Bench headed by CJI Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan.
Central Government’s Affidavit:
The Centre had claimed a “shocking” 116% increase in the number of Waqf properties following the 2013 amendment. According to the Centre:
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Before 2013, the total area of waqf lands was 18,29,163.896 acres.
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Post-2013, an additional 20,92,072.563 acres were added in just 11 years.
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The total now stands at over 39 lakh acres of Waqf land.
The affidavit implied this surge was questionable and suggested it reflected manipulation or unchecked registration of properties on the Waqf Assets Management System of India (WAMSI) portal.
AIMPLB’s Response:
The AIMPLB has strongly objected to the Centre’s claims, stating that:
1. False and Misleading Affidavit:
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The Centre’s affidavit presents misleading data, creating a false impression about the number of Waqf properties.
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AIMPLB accuses the Ministry of Minority Affairs official (who is also in charge of WAMSI) of either deliberately suppressing facts or making casual and misleading representations.
2. Misrepresentation of WAMSI Data:
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AIMPLB argues that the chart presented by the Centre is unreliable. The claim that the number of properties in 2013 reflects the total Waqf registrations up to that point is “mischievous” and lacks candour.
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The Ministry avoided stating explicitly that all registered waqf properties were uploaded on WAMSI in 2013, making the data and its interpretation questionable.
3. Discrepancy in Figures:
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AIMPLB notes that, as per the WAMSI portal, the number of Waqf estates as of 31.10.2024 was 3,30,008, based on inputs from Waqf Board CEOs.
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In contrast, the Centre’s affidavit (Annexure R-1) states 6,65,476 properties in 2025, a figure the AIMPLB calls contradictory and unexplained.
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These figures, both compiled by the same Ministry, cannot logically coexist and therefore require explanation.
4. Confusion Between “Waqf Estate” and “Property”:
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AIMPLB accuses the Centre of intentionally conflating “waqf estates” with “number of properties”.
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According to the Ministry’s own 2012 FAQ, a Waqf estate can consist of multiple units (e.g., mosque, graveyard, hospital) and still be one estate.
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WAMSI, however, breaks down these into ‘Manageable Units’, registering each separately. This breakdown inflates the count, which the AIMPLB says was used deceptively by the Centre to claim a drastic increase.
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The rejoinder quotes Mark Twain’s phrase: “Lies, damned lies, and statistics” to emphasize its objection.
On Legal and Policy Implications:
1. Registration and Powers of Collector:
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AIMPLB states the Centre’s affidavit discusses registration requirements at length but is silent on the sweeping powers granted to Collectors under the 2025 Amendment.
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It questions why the government wants to delete the concept of Waqf by user when existing provisions under Section 36 of the Waqf Act, 1995 already mandate registration.
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The Board criticizes the move as akin to “throwing the baby out with the bathwater.”
Relief Sought by AIMPLB:
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AIMPLB has requested the Court to strike off the allegedly false and misleading portions of the Centre’s affidavit.
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It has further demanded that the deponent file a separate affidavit confirming whether all waqf properties registered prior to 2013 were indeed uploaded on WAMSI at that time.
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AIMPLB emphasizes that the Centre’s allegations are unsupported by facts, and the WAMSI portal remains a work in progress, with data inconsistencies still being addressed.
Current Status:
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The petition, which challenges the constitutional validity of the Waqf (Amendment) Act, 2025, is scheduled for hearing on May 5, 2025 before the Supreme Court.
