"Will resign if report is unconstitutional," says BJP's Jagdambika Pal as SC hears pleas on Waqf Amendments

Jagdambika Pal, a leader of the Bharatiya Janata Party and Chairman of the Joint Parliamentary Committee on the Waqf Bill. Pic/ @jagdambikapalmp

Senior BJP leader and Chairman of the Joint Parliamentary Committee on the Waqf Bill, Jagdambika Pal, asserted on Friday that he would resign if the Committee's report is found to be unconstitutional or if it infringes upon religious freedoms.

"I have said it before and I say it again - if our report is unconstitutional or interferes with religious freedom, I will resign," Pal said, as reported by ANI.

The BJP MP also took aim at Opposition parties, particularly the Congress, accusing them of misleading the public by alleging that the new amendments to the Waqf Act threaten religious freedom.

"This law supports the poor and the Pasmanda Muslim community. It is not an attack on religion," Pal stated.

He pointed out that the law was passed after over 12 hours of parliamentary debate and received Presidential assent, thereby becoming the law of the land. While multiple petitions have challenged its constitutional validity in the Supreme Court, Pal emphasised that the court has not stayed its implementation and has merely sought a response from the government within seven days.

"There are 73 petitions. The Supreme Court has asked both sides to appoint five lawyers each to present their cases," Pal said.

Pal also clarified a critical legal distinction, stating that Waqf Boards are statutory executive bodies and not religious institutions. Their role, he said, is to manage and safeguard Waqf properties - not to engage in religious activities.

"This has been established in law, including rulings from Rajasthan, and decisions by courts in Delhi, Karnataka, and Tamil Nadu," he noted.

He addressed objections regarding the ‘Waqf by user' provision and the inclusion of non-Muslim members in the Waqf Boards - issues flagged by petitioners like senior advocate Kapil Sibal.

"These concerns were extensively reviewed by the Joint Parliamentary Committee. The inclusion of non-Muslim members is justified because the Board's role is administrative, not religious," Pal argued.

During the April 17 Supreme Court hearing, the Centre assured that it will not denotify any ‘Waqf-by-user' properties and will not add non-Muslim members to the Waqf Boards at this stage. This assurance came after the apex court indicated it might suspend certain provisions of the law.

Pal further reassured the public that properties where religious practices like namaz are currently held will not be disturbed.

"The amendment has made the Waqf-by-user provision prospective, ending its retrospective application. Places where namaz is being offered - mosques, kabristans - will remain Waqf," he stated.

He reiterated that the intent of the law is not to take away properties, but to streamline their management for the benefit of underprivileged sections, especially Pasmanda Muslims.

While numerous petitions before the Supreme Court have challenged the Act, citing alleged discrimination against the Muslim community and violation of fundamental rights, several others have come out in support of the law.

BJP-led state governments in Rajasthan, Haryana, Maharashtra, Madhya Pradesh, Assam, Uttarakhand, and Chhattisgarh have filed impleadment applications, along with various organisations representing the interests of tribals and Hindus.

The Supreme Court is expected to issue interim directions during the next hearing, with a final judgment likely to follow in the coming months.

(With inputs from ANI)