State Information Commissioner Issues Landmark Ruling on Waqf Property Transparency
In a significant decision that reinforces accountability in the management of religious properties, the State Information Commissioner (SIC) bench headed by Mohammad Nadeem has delivered a ruling with far-reaching implications for Waqf administration in Uttar Pradesh. The bench asserted that while mutawallis, or caretakers, may not be classified as public authorities, they are not exempt from providing comprehensive accounts regarding the use, income, and purpose of Waqf properties.
Background of the Case: A Petition for Clarity
The case originated from a petition filed by Parminder Kaur with the Uttar Pradesh Sunni Central Waqf Board. Kaur raised concerns about a licensed liquor shop operating on a Waqf property located in Farrukhabad. Her petition specifically sought details on who granted permission for the shop and the monthly rent collected from it, aiming to ensure transparency in the property's management.
Initially, the Waqf Board denied providing this information, arguing that the mutawalli is not a public authority and, therefore, the Board lacks the authority to control or monitor activities on Waqf properties. This denial prompted Kaur to appeal to the State Information Commission, seeking intervention under the Right to Information Act.
SIC's Stern Rebuke and Legal Interpretation
During the hearing, the SIC bench strongly reprimanded the UP Sunni Central Waqf Board for its stance. The bench emphasized that accepting the principle that mutawallis are not public authorities—and thus the Board has no oversight—would effectively nullify the Waqf Act of 1995. Such an interpretation, the SIC warned, could lead to Waqf properties being treated as private assets of a select few individuals, undermining the very foundation of the Act.
The bench clarified that the non-classification of a mutawalli as a public authority does not permit arbitrary or illegal activities on Waqf properties. It stressed that legal oversight remains essential to prevent misuse. The attempt to exclude mutawallis from information disclosure by not declaring them public authorities was deemed a circumvention of the spirit of the Right to Information Act.
In its order, the SIC highlighted that the core issue is not about the mutawalli but about the statutory responsibility of the Waqf Board. As the custodian and supervisor of Waqf properties, the Board has a duty to ensure transparency and accountability in their management.
Board's Response and SIC's Findings
In its response to the Commission, the Waqf Board stated that the right to rent out and collect rent from Waqf properties lies with the mutawalli, and detailed item-wise income records are not maintained. Regarding the liquor shop, the Board noted that the licence was issued by the excise department, distancing itself from direct involvement.
However, the SIC bench found this response inadequate. It ruled that the information sought by Kaur is entirely legal, relevant, and should be available. The bench criticized the Public Information Officer (PIO) for providing vague, evasive, and misleading answers, concluding that the Waqf Board had grossly violated its statutory duties.
Directives and Penalties Imposed
To rectify this, the SIC issued several directives:
- The Uttar Pradesh Sunni Central Waqf Board must provide complete information, including point-wise, clear, and authenticated records, within 15 days.
- The budgets and accounts submitted by the concerned mutawalli under Sections 44 and 46 of the Waqf Act should be specially examined, with copies made available to the Commission.
- A fine of ₹25,000 has been imposed on the PIO for failing to fulfill responsibilities under the Right to Information Act.
- The Secretary or Chief Executive Officer of the Waqf Board is required to submit a corrective action report to the Commission within 30 days.
- A copy of the order must be forwarded to the state government and the minority welfare department for reference and compliance.
This ruling underscores the importance of transparency in Waqf property management and sets a precedent for future cases involving religious and charitable trusts across India.
