Turmeric Man of Himachal Pradesh

The Sanjauli Masjid controversy in Shimla, Himachal Pradesh, has sparked widespread protests and become a focal point of local politics. The controversy centres around the alleged illegal construction of the mosque and the involvement of outsiders, which has led to public outcry and debates in the state assembly. Here's a detailed breakdown of the controversy, the reasons behind the protests, and the Waqf Board's intervention.

Why Are Locals Protesting?

The local protest against the Sanjauli Masjid began after an incident on August 30, when 37-year-old Vikram Singh was assaulted by a group of people in Shimla's Malyana area. Singh suffered serious head injuries, and it was later revealed that his attackers were outsiders from the minority community. The assailants reportedly hid inside the Sanjauli Masjid after the attack, which led to a massive public outcry. Locals, along with members of the Bharatiya Janata Party (BJP) and several Hindu organizations, accused the mosque of being built illegally and demanded its demolition.

Waqf Board's Role and Admission of Illegal Construction

As protests escalated, the Waqf Board stepped in, taking control of the Sanjauli Masjid. The Board admitted that certain parts of the mosque, including its floors, were constructed illegally. In response, the Waqf Board removed several encroachments around the mosque and banned outsiders from staying within its premises. The Board also dismissed the Imam posted at the mosque, signalling a strong stance against the illegal activities surrounding the site.

Political Fallout and Assembly Debate

The controversy reached the Himachal Pradesh state assembly, where Congress MLA Anirudh Singh raised the issue, questioning his own party's government. Singh demanded the demolition of the illegally built mosque and voiced concerns about the influx of outsiders, including illegal Bangladeshi migrants, into the region. He said “Illegal is illegal, whether it's a temple or a mosque," Singh's remarks created a rift within his party, with some Congress MLAs countering his statements.

"People of various communities live harmoniously in Himachal Pradesh. They taught us to maintain brotherhood in every city. We've urged the chief minister to maintain records of illegal immigrants and to verify their police backgrounds, whether they're coming from Pakistan, Bangladesh, or even within India," Singh added.

In his defense, Singh emphasised that the issue had been raised before the Municipal Corporation in 2010 and had gone through 44 court hearings, but no concrete action was taken. He questioned why ordinary citizens face immediate consequences for violations, while the illegal construction of the mosque had been allowed to continue for years.

Government's Response: Calls for Peace

Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu urged the public to remain calm and not be swayed by emotions. Sukhu reaffirmed India's secular nature, stating that all religions are respected in the country and that any actions regarding the Sanjauli Masjid would be taken in accordance with the law. The government’s focus, he said, was on ensuring peace and harmony among all communities.

Similarly, state minister Vikramaditya Singh downplayed the communal angle, calling it a case of illegal construction rather than a religious conflict. He stressed the importance of maintaining peace and cautioned against giving the issue a political or communal twist.

Understanding Waqf: What is it, and How is it Governed?

To understand the Waqf Board's role in this controversy, it’s essential to understand the concept of Waqf and how it operates.

What is a Waqf?

A waqf refers to a property or asset dedicated in the name of God for religious or charitable purposes. Legally, it involves the permanent dedication of movable or immovable property by a person professing Islam for purposes recognized by Islamic law as pious, religious, or charitable.

How is a Waqf Created?

• A waqf can be established through a formal deed or instrument. Alternatively, a property may be deemed a waqf if it has been used for religious or charitable purposes over an extended period.
• The proceeds from a waqf typically fund activities such as supporting educational institutions, graveyards, mosques, and shelter homes.
• Once a waqf is created, the property cannot be reclaimed by the person who established it, ensuring that it remains a perpetual entity.
• While a non-Muslim can create a waqf, the individual must follow Islamic practices, and the waqf's purpose must align with Islamic principles.

Governance of Waqfs

Waqfs in India are governed by the Waqf Act, 1995. The process includes:

• A survey commissioner conducting investigations and listing properties declared as waqf by calling witnesses and examining public documents.
• A waqf is managed by a mutawali, who serves as the supervisor.
• Unlike trusts formed under the Indian Trusts Act of 1882, which can be dissolved and serve broader purposes, waqfs are designed specifically for religious and charitable objectives and are intended to be permanent.

What is a Waqf Board?

A Waqf Board is a legal body that can acquire, hold, and transfer property. It has the authority to sue and be sued in court.

• Each state in India has its own Waqf Board, led by a chairperson. The board includes state government appointees, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis managing waqfs with an annual income exceeding ₹1 lakh.
• The board appoints custodians to ensure that waqf properties and their revenues are used for the intended religious or charitable purposes.
• The Central Waqf Council (CWC), formed in 1964, oversees and provides guidance to state-level Waqf Boards.

Powers and Functions of the Waqf Board

The Waqf Board holds several powers under the law, including:

• Administering waqf properties and taking steps to recover lost waqf assets.
• Approving the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease. However, any such transfer must be supported by at least two-thirds of the board members.

In the Sanjauli Masjid case, the Waqf Board’s intervention was crucial in acknowledging the illegal construction and taking steps to remove unauthorized structures and prevent further controversy.

Conclusion

The Sanjauli Masjid row has exposed deeper concerns about illegal construction, community tensions, and the influx of outsiders in Himachal Pradesh. The Waqf Board’s admission of illegal construction at the mosque and the local MLA’s strong stance against such violations have further intensified the debate. As the issue continues to unfold, the government remains committed to upholding the law and ensuring peace among all communities.

The Sanjauli controversy is not just about illegal construction but also highlights the challenges of maintaining secularism, law and order, and community harmony in a diverse country like India.