E-Paper
Mutawallis accountable for use, income of Waqf properties: SIC
State information commissioner Mohammad Nadeem, while deciding an appeal related to a Waqf property in Farrukhabad, ruled that although mutawallis may not fall within the definition of a “public authority” under the Right to Information Act, this does not absolve them of the obligation to account for the utilisation of Waqf properties or the income generated from them.
In a ruling expected to have far-reaching consequences for transparency and oversight of Waqf properties across the state, the State Information Commission (SIC) has held that mutawallis cannot escape accountability by claiming they are not public authorities and are legally bound to disclose the use, income and purpose of Waqf assets.
State information commissioner Mohammad Nadeem, while deciding an appeal related to a Waqf property in Farrukhabad, ruled that although mutawallis may not fall within the definition of a “public authority” under the Right to Information Act, this does not absolve them of the obligation to account for the utilisation of Waqf properties or the income generated from them.
“Mutawallis may not be public authorities, but they cannot be exempted from accountability for the use, income and objectives of Waqf properties,” the Commission observed, adding that attempts to shield such information violate the spirit of the RTI Act.
The order was passed on a petition filed by Parminder Kaur, who had sought information from the Uttar Pradesh Sunni Central Waqf Board on whether a waqf property had been permitted to house a liquor shop, the rent being earned from it, and whether the income was reflected in statutory budgets and accounts.
Rejecting the Waqf Board’s defence that leasing powers and income records rested solely with the mutawalli and were therefore outside the RTI framework, the Commission warned that accepting such a position would render the Waqf Act, 1995 ineffective and turn Waqf properties into private fiefdoms.
“If it is accepted that the Board has no right to know or control what is happening on Waqf land because the mutawalli is not a public authority, the very purpose of the Waqf Act would stand defeated,” the Commission said.
In the order dated January 8, the Commission clarified that a mutawalli’s non-public authority status cannot be used as a shield to permit arbitrary or illegal activities on Waqf land, nor does it imply the absence of statutory oversight. Any argument to the contrary, it held, strikes at the core of the Waqf system.
Relying on a Supreme Court judgment, the Commission reiterated that a mutawalli is not the owner of Waqf property but only its trustee or manager and, therefore, has no right to deploy the property for personal purposes or in violation of law.
The Commission further noted that under Sections 44 and 46 of the Waqf Act, every mutawalli is statutorily required to submit annual budgets and detailed accounts of income from all sources, and that concealment of such information amounts to serious financial irregularity.
Terming the replies furnished by the public information officer as deliberately evasive, misleading and legally untenable, the Commission held the Waqf Board guilty of gross violation of its statutory responsibilities.
Accordingly, the Commission directed the Uttar Pradesh Sunni Central Waqf Board to furnish complete, point-wise and certified information within 15 days, ordered a special scrutiny of the budget and accounts submitted by the concerned mutawalli, and imposed a ₹25,000 penalty under Section 20(1) of the RTI Act on the public information officer for wilful violation of the law.
The Commission also held the chief executive officer/secretary of the Waqf Board accountable for the administrative failure, directing him to submit a corrective action report within 30 days. Copies of the order have been forwarded to the state government and the minority welfare department for compliance.
