In a recent hearing at the Madhya Pradesh High Court, Justice Gurpal Singh Ahluwalia sternly questioned the legitimacy of the Waqf Board's claim over a disputed property. During the session, he asked the Waqf Board's lawyer to explain how the property in question was declared as belonging to the board.
“How was the property declared as Waqf property in 1989 if it was a protected monument? Will you tell me how the property was declared as Waqf? Or are you assuming that it cannot be declared?" Justice Ahluwalia asked.
To this, the lawyer representing the Waqf Board said that it was done as per the Waqf Act.
Responding to this, Justice Ahluwalia remarked, "Tomorrow, they could declare any government office as Waqf property—would that make it so?" He emphasized, "I have a straightforward, blunt question, how can a protected monument be declared as Waqf property?"
When the lawyer struggled to provide a clear answer, the Judge said, “Bhai sahib, you can take the Taj Mahal, Red Fort, who is stopping you? You people don't understand questions with love.”
“Will you declare any property as Waqf property? Tell me," he questioned further. Justice Ahluwalia highlighted the implications of such arbitrary declarations, sarcastically suggesting that historic monuments like the Taj Mahal and the Red Fort could be claimed next.
"Taj Mahal, Red Fort ko bhi Waqf property declare kardo. Jab bhi mann aayega, kisiki bhi property declare kar doge? Tomorrow you might say the entire India is Waqf property. It won't work like this, that you'll issue notifications and the property will be yours," said Justice Ahluwalia.
When the lawyer mentioned that the property was declared Waqf in 1989, the Judge questioned the ownership prior to that declaration and asked, "How was its ownership declared to the Waqf Board in 1989? Who was its real owner? Nobody knows. They felt like declaring it a Waqf property. How is this possible?"