Following chaos in J&K Assembly over Waqf law, National Conference MP’s words of caution — ‘Not the time to blame each other’

Mian Altaf had opposed the Waqf (amendment) Act in the Lok Sabha on behalf of his party.

“I opposed the Bill in Parliament since it was first introduced. We have opposed this on merit and put our position forth. They (the BJP government) have a majority so they have passed it, but I represent the voice of our people,” he told the media now, cautioning Kashmiri parties that this was “no time to blame each other”.

The remarks come after the Budget Session of the J&K Assembly concluded Wednesday without a formal position on the Waqf Act, with chaos breaking out after Speaker Abdul Rahim Rather – who belongs to the NC – disallowed discussion in the law.

Approved by Parliament last week following an over 13-hour debate, the law amends the concept of “Waqf by user” under the 1995 Waqf law, which says that properties being used as Waqf properties will remain Waqf even if the user does not exist.

The amendment removes Waqf by user, which critics believe could potentially create disputes over long-time Waqf properties that do not have a valid Waqfnama — a document through which a person expresses their intention of donating a property or land for charitable purposes or waqf.  The law received presidential assent Saturday.

However, both the NC and PDP have stated that they will challenge the Bill in the Supreme Court.

Meanwhile, Altaf Bukhari-led J&K Apni Party filed a petition against the law in the Supreme Court Thursday. In a statement, the party said that the law “substantially alters the framework of Waqf administration in India, including redefining core concepts, dismantling institutional autonomy, and shifting adjudicatory powers to executive authorities”.

Remarking on this, Mian Altaf said: “Anyone with the capacity to take the matter to court can do so. The Communist Party of India (Marxist) and the Congress have also made statements to this effect. A lot of petitions have been filed and the SC has also listed the matter for the 16th. Efforts have to be made to make our voices heard on the matter”.

Meanwhile, J&K Waqf Board chief Darakhshan Andrabi said that “this is a democratic country” and that everyone was free to go to court against the law. “However, this Act has been given consent by the President and is already in force. These amendments (to the Waqf) were essential for our country and will bring prosperity and accountability into the Waqf Boards across the country,” she said.