Rahul Gandhi lacks moral right to call Waqf Amendment Bill 'unconstitutional', says Jagdambika Pal

"If Rahul Gandhi is terming the bill unconstitutional then as a JPC Chairman I am saying that when there was 12-hour debate held in Parliament why he has not participated in it. Being an LoP what is his responsibility towards the nation and electoral college? If the government is accountable to this Bill and the Treasury bench is also accountable to this Bill the Opposition is also equally responsible. Being an LoP, if he has not participated then he has no moral right to claim it unconstitutional," Pal said at the press conference after participating in the public gathering.

"If someone in JPC or any other party claim that the Bill is unconstitutional, I am ready to have a dialogue with them," he said.

He added that the Waqf Amendment Bill introduced a clause which completely omits Section 40 from the Waqf Act of 1995 which allowed the board to collect information regarding any property which it has reason to believe to be Waqf property.

He claimed that the Congress-led UPA government in 2013 had included the Section 40 ahead of the notification on general elections.

He added that the omission of Section 40 has been undertaken to rationalise the powers of the Board.

The idea was to ensure that Waqf properties are declared only after following due process, he said.

The JPC Chairman said that the Union government could have pushed the Bill for the passage in the Parliament based on the majority but it was not done as the Bill was passed after a debate.

He added that there have been no protests across the country except Murshidabad in West Bengal.

"Why there was a violence? Had police been alert it could have been averted. Till four days, there were incidents of arson and violence. A large number of Hindus were forced to migrate from Murshidabad to Malad by crossing the river. If there is mob lynching then it was a state-sponsored violence," Pal claimed.

He alleged that efforts are on by certain elements to mislead the Muslims as done in the case of Citizenship Amendment Act or scrapping of Article 370.

Pal said that Waqf Amendment Act has become the law of the nation and West Bengal Chief Minister Mamata Banerjee had no right to refuse its implementation which is unconstitutional.

"Such statements are being made by Mamata Banerjee with an eye on Assembly elections slated for next year," he remarked.

He asserted that that the Waqf Amendment Act aims to bring transparency, digitise records, and improve the management of Waqf properties for the benefit of marginalised Muslims, particularly Pasmanda Muslims, women, and orphans.

He argued that it has corrected past mismanagement and ensured that Waqf properties serve their intended charitable purpose.