When the Modi regime introduced the Waqf Amendment Bill, all pseudo-secular forces, from Congress to CPM, under the banner of the INDI Alliance, started to shout at the top of their voices, from the rooftops, labelling it as a Hindu fascist onslaught against Muslims. In raising this sinister propaganda, they played down the complaints of Muslims who suffer under the notorious Waqf Act. However, a blatant incident has been reported from Kochi, where the victims are Shamsad and her brother Mohammed Kasim Sait, the grand children of Abdul Sathar Moosa Haji Sait, a famous Muslim aristocrat of yester years.
It has been allegedly reported that the Waqf has taken steps to build a shopping complex on land belonging to a private trust. The Waqf Board has issued a notice to the occupants for immediate eviction, including Shamsad, the granddaughter of Abdul Sathar Moosa Haji Sait. The Waqf Board claims ownership of their land and house. Shamsad’s grandfather established the trust in 1923, more than a century ago with the aim of supporting family members, and it consisted solely of family members. Both male and female family members could join as members of the trust. A seven-member governing body was elected to lead the trust. Only heirs of the family members could join the trust as members or serve on the governing body.
Abdul Sathar Moosa Haji Sait owned more than 300 acres of land. However, the Land Reforms Act, passed by the Left Front Ministry led by Chief Minister and CPM leader EMS Namboothirippad, completely disrupted Haji Sait’s plans. Representatives from the central Waqf office then approached Haji Sait, explaining that, under the Land Reforms Act, individuals could only own up to 16 acres of land, with any excess land to be seized by the government. Following instructions from mosque authorities, Shamsad’s father and brother formalised a document stating that the properties were given to the trust as a charitable donation. The primary aim of the trust was to engage in social activities while also providing support for its members. However, an outsider took control of the trust’s leadership and sold the properties through a benami (proxy) deal.
The revenue documents have were been manipulated, and fake records have been created, following the death of Mohammed Hussein Sait in 1977, making 108 acres of land and Shamsad’s current house a “free gift to ‘God’.” During this time, the Waqf Board claimed ownership of the properties. Although Shamsad approached the Waqf Board to resolve the issue, she was humiliated and turned away. Notably, the documents do not mention the term ‘Waqf’ anywhere. Shamsad subsequently petitioned the Kerala High Court, stating that the land “gifted to God” had been converted into Waqf land. The Kerala High Court instructed the Waqf Board to hear Shamsad’s arguments before making any decision. However, the Waqf Board has yet to invite her for a hearing. Instead, it issued an eviction notice for her house and the surrounding 24 cents of land. The Waqf Board also collects rent from houses built by Shamsad’s family members.
The Waqf Board has remained adamant about constructing the shopping complex. Currently, Shamsad, now an elderly woman, and her brother live in the house. The trust does not provide them with even a subsistence allowance. The house is in a dilapidated state and could collapse at any moment.
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