In its rejoinder affidavit in the Supreme Court, the Muslim board takes serious objections to the statement made by the Union government
NEW DELHI — The Centre has placed incorrect data in its affidavit filed in the Supreme Court in the case against the Waqf Act, the All India Muslim Personal Law Board (AIMPLB) has said. It sought action against the officer of the Ministry of Minority Affairs for filing a “false affidavit” before the apex court.
In its rejoinder affidavit filed on Saturday, the Muslim board has taken serious objections to the Centre’s assertion that there was a “shocking increase” in the Waqf properties uploaded in the Central portal after 2013, a LiveLaw.in report said on Saturday.
“It appears that in its affidavit, the Union of India is suggesting that all the properties registered as waqf before 2013, were immediately uploaded on WAMSI Portal when it became operational. At page 158, the first column with title ‘number of properties in 2013’ says that the number of waqf properties reflected therein was the only registered properties is mischievous. The deponent of the counter affidavit has not been candid to this Hon’ble Court, and it appears has carefully avoided making a statement that ‘all the registered waqf properties were uploaded on the web portal in the year 2013’. Since this crucial aspect is missing in the affidavit, the sanctity of the chart itself is seriously doubtful,” the AIMPLB affidavit said.
The Muslim board said: “It appears that a public official, who is also incharge of the said portal, has either deliberately suppressed this fact or casually made this chart to falsely depict a picture which does not exist.”
The Muslim board further said the deponent must file an affidavit in this regard to state that the number of properties reflected on WAMSI portal, which is controlled by the very same ministry, contained all the registered waqfs as of 2013. “Thus, the claim that there has been a ‘shocking’ increase in the number of waqf properties since 2013 is unsupported and amounts to the scurrilous allegation in pleading. This Hon’ble Court has the power to strike off such pleadings,” the rejoinder said.
It is further said that the WAMSI portal is a work in progress. It is claimed by the AIMPLB that in whichever way it is to be taken, the figures supplied by the Union government appear to be in “clear contradiction” with the records maintained by WAMSI portal.
The Centre had said that there was a shocking 116% increase in Waqf properties after the 2013 amendment to the Waqf Act.
“It is really shocking to know that after the (Waqf) amendment brought in the year 2013, there is a 116% rise in auqaf area…. In other words, till 2013 [the period includes Mughal era, pre-Independence era, and post-Independence era], the total area of waqf created was 18,29,163.896 acres of land. It is really shocking to note that after 2013, the addition of waqf lands is 20,92,072.563 acres in just 11 years,” thus totalling more than 39 lakh acres,” the Centre’s affidavit said.
The AIMPLB in its rejoinder also submitted that the counter-affidavit filed by the Union is ‘silent’ on the sweeping powers given to the collector: “…Despite dedicating more than 50 paragraphs to emphasise the importance and benefits of registration yet fails to explain why an amendment to delete the definition or concept of waqf by user altogether is needed when Section 36 of the 1995 Act requiring registration already exists. The counter affidavit fails to explain why ‘the baby must be thrown out along with the bath water’.”
The affidavit has been filed in the petition challenging the Waqf (Amendment) Act 2025, which will be taken up on May 5 before a bench comprising Chief Justice of India Sanjiv Khanna, Justices Sanjay Kumar and KV Viswanathan.
