Kayalpatnam.com>Tamil Nadu government - on September 13th - had announced 3.5% reservation
for Muslims (and 3.5% reservation for Christians) in education and government jobs - with effect
from September 15th, 2007 (former CM C.N.Annadurai's 99th birthday). Your comments on that.
Mr.S.Hyder Ali>Muslims had enjoyed reservations for many years. In 1951, under the new
constitution that came into being after India became independent, reservation based on religious basis was
stopped. After that, many Muslim organisations made efforts to bring back reservations for the community.
It didn't happen.
TMMK's effort started in 1995. Through various agitations, we had highlighted the need for
reservations for the community. Before the elections to Tamil Nadu State Assembly in May 2006, we put to
DMK party two demands: On reservations and on Kovai Blasts Case. DMK promised to look into them (when
they come to power). Only after that, we declared our support to them. Other political parties also
(Congress, PMK, Communists etc) included reservation for Muslims in their election manifestoes.
After DMK came into power, they started implementing their election promises - one after other.
We kept pressing on the demand for reservations to the DMK government time and again. In August
this year, at our General Body meeting, we gave a deadline of December 31, 2007 for the government to
announce reservation for Muslims. On September 2nd, Chief Minister Kalaignar Karunanidhi held
discussion with legal experts. On September 13th, an ordinance was promulgated providing for 3.5%
reservation for Muslims (covering 6 Muslim communities, benefiting about 95% of the Muslims) and
3.5% reservation for Christians (covering 6 Christian communities) - in educational institutions and government
jobs. The Ordinance came into effect on former CM Annadurai's birthday (September 15th).
The announcement is based on the recommendation of a commission headed by Justice Janardhanam. This is a
first step. We are happy and sincerely thank the Chief Minister.
One thing to note here is that it doesn't exclude the so-called creamy layer (like it does in Karnataka
and Kerala).
Kayalpatnam.com>As you said, reservations has been an issue for Muslims in Tamil Nadu since 1951.
Why do you think it has materialised now?
Mr.S.Hyder Ali>Way back in the 1990s, many of us (even in TMMK too) were not aware of the importance of
reservations. It was Mr.Kunakudi Hanifa who explained to us the importance of reservations. He
explained to us how reservations have benefited the Vanniyar community (reservation for MBCs). It was
only then we began to appreciate the importance of reservations for Muslims. After that, it was only a matter
of creating awareness among the public.
Kayalpatnam.com>What did government actually do (favourably) in the Kovai Blasts Case (a series
of bombs had exploded on February 14th, 1998 in Coimbatore - killing about 58 people and
injuring over 200. BJP leader L.K.Advani was scheduled to address a public meeting in Coimbatore that day.
166 Muslims were charged with the crime). The prisoners are only out on bail. Isn't it?
Mr.S.Hyder Ali>It was always a legal issue. Since the case was over and only judgments were
pending, we wanted the government to help in the release of the prisoners on bail. Government did this,
ending their opposition to bail applications. Now all are out on bail (156 have been declared culprits, but the
charges are not fully disclosed by the Judge yet).
Kayalpatnam.com>Let's come to the Wakf Board matters. You have completed 6 months in office as the
Chairman of Tamil Nadu Wakf Board (see related news item). Tell us about your experience in this
short period.
Mr.S.Hyder Ali>It was only after I assumed office - I fully began to understand how a government
body works, how difficult it is to bring about changes.
It is also only after I assumed office I realised the actual size of the properties held by various Wakf bodies.
It is huge, much bigger than I had originally thought. Most of these properties are lying useless and
have been left useless for many years.
Kayalpatnam.com>Some have accused you of being a Wahabi with an agenda - especially after the
Vyasarpadi episode. How do you react to criticisms like that? What exactly happened in Vyasarpadi?
Mr.S.Hyder Ali>First of all, I do not take that (being called a Wahabi) as a criticism. I am proud
of that (label)! I want to state this categorically.
Secondly, you must remember, the Chairman cannot interfere with the mode of worship in a place. Wakf's role
is to monitor Wakf properties.
The burial ground in question in Vyasarpadi (in Chennai) is controlled by 11 Jamaths. It is common
for all of them. No individual can do anything (without the consent of all the 11 Jamaths). Since Wakf Board
received information that a handful of people were constructing some structures illegally, we took action.
We are confident a government report - to be released shortly - will clarify the picture for everyone. The
accusations against me on this matter are political and motivated by certain people. They tried to create
a drama and they have been exposed.
Kayalpatnam.com>There are some mosques in Tamil Nadu where messages are displayed in notice boards
etc restricting the right of admission to pray (only to those who believe in certain ideologies).
Will Wakf Board act on this?
Mr.S.Hyder Ali>It is not correct. However Wakf Board cannot directly interfere with that. It is up to
the affected people to take remedial measures (approaching the proper authorities etc).
Kayalpatnam.com>We understand reforming of Wakf Board was one of the priorities of TMMK. This is
also why we believe TMMK was keen on the Chairmanship post of Tamil Nadu Wakf Board. Why the interest?
Mr.S.Hyder Ali>We have been aware for quite some time that there are some serious problems in the
functioning of the Wakf Board. Knowledge comes mainly from our experience in the field.
Many with problems concerning their Wakf institutions had approached TMMK. We were aware
some Muthavallis are treating Wakf properties as their personal properties. Also many Wakf properties
are lying idle and were being under-utilised. For example, in Pollachi, a Wakf institute has 95 acres of
land (worth about Rs.20 crores) - generating an annual income of Rs.45,000/- only.
Wakf inspectors are also satisfied just to collect the fee (whatever was disclosed) and take no
more actions.
In short, Wakf Board required changes. That is why we were keen on the post.
In the short period, I have managed to initiate important processes (though no serious action has yet
been taken). I am still in the learning stage!
Kayalpatnam.com>There are about 6150 Wakf bodies (mosques, dargahs etc) in Tamil Nadu. What -
according to you - are the major problems facing these Wakf bodies?
Mr.S.Hyder Ali>6150 is an old number. In fact I asked the board officials whether this is an
up-to-date figure. They say it was estimated sometime around 1995! Such is the state of affairs!! I have
directed the officials to properly estimate the current total (number of Wakf bodies).
There are several cases pending before the Wakf board. Some of it could have been settled amicably - even before
they reach the stage where a case was needed to be filed! After I came to office (whenever we are in
sitting), we are handling about 25 cases per day! We sit in two sessions now - sometime the
meetings extend beyond 10 in the night!
Encroachment is another major problem.
Kayalpatnam.com>How serious is the problem of encroachment of Wakf properties?
Mr.S.Hyder Ali>It is a very serious problem. There are currently over 1000 cases filed against
encroachments. About 38 of them are being dealt by Revenue Divisional Officers (RDOs). Some cases (about 23)
are pending before Tribunals. We have discussed expediting this (tribunal cases) with the concerned officer
(Ms. Malathy, IAS). Strangely, there are also cases of encroachments by various government
departments!
We have warned the encroachers to vacate the properties (they are encroaching). As an alternative, we have
also told them they could start paying the due rent. If they fail to do either of the two, once the case
is filed and is settled (in favour of Wakf Board), we will not enter into any compromise (with the
encroachers)!
Kayalpatnam.com>In the financial year 2005-2006, Wakf Board reported collection of about Rs.1.65
Crores as Contribution Fee from the 6000-odd Wakf bodies in Tamil Nadu. Since that is calculated as 7% of
the total income of each of the bodies, it would roughly work to an average reported income of Rs.40,000/- per
annum and average Contribution Fee of Rs.3000/- per annum from each of the Wakf bodies. How close
are these figures to ground reality? In other words, how much of the income is being concealed from Wakf
Board?
Mr.S.Hyder Ali>There are many Wakfs that do not report (or do not have) any income at all! Only about
600 Wakf bodies report an annual income of over Rs.1 lakh!
The practice of maintaining two-accounts (one submitted to the board, another unofficial) is there in many
places. One Wakf body in fact admitted that during a case in Coimbatore. People must remember Wakf
property is Allah's property!
However, we must also not forget there are many Wakf bodies - like those in Melvisharam - which are doing
tremendous work to the society (with the Wakf properties).
Kayalpatnam.com>One common question that is always raised about disclosing the real income and paying
the 7% contribution fee is why should we pay the government. How would you respond to such feelings? How
would justify the importance of an organisation like Tamil Nadu Wakf Board?
Mr.S.Hyder Ali>First of all, of the 7%, 1% goes to Central Wakf Board. Secondly, people shouldn't
think they are paying the government. Since the income generated through fee is not sufficient to manage
Board's affairs, Government actually gives annual subsidy to Wakf Board. In fact, Wakf Board is dependent
on Government for the fund. Wakf Board exists only to protect the Wakf properties, not for any other
purpose.
Kayalpatnam.com>We believe the total strength of staff in Tamil Nadu Wakf Board is less than 100. Is
this adequate to manage all the Wakf bodies (6000+)?
Mr.S.Hyder Ali>It is true, we are under-staffed. We have been trying to increase the staff strength.
We have approached Employment Exchange - to give us a list of potential candidates.
Kayalpatnam.com>According to Wakf rules, we believe each Wakf Body should conduct election to change its
management once every three years - in the presence of a Wakf official. That is roughly about 2050
elections per year - about 6 elections per day. Does Wakf Board really have the infrastructure to oversee
so many elections?
Mr.S.Hyder Ali>It is an interesting analogy. Staff strength is a serious problem.
Kayalpatnam.com>You could try conducting all the elections on a single day (or in two or three
different days) like the co-operative bodies?
Mr.S.Hyder Ali>That is not possible. Time of expiry of terms differs from one Wakf body to
another. We have taken some initiatives on this. We are right now preparing a procedure to properly
conduct elections. Until now, it hasn't been laid down clearly at all. Recently elections to Adyar
Mosque were conducted in a strict manner. Identity cards were issued. No external person was allowed during
voting. The entire process was video-graphed.
Kayalpatnam.com>Income, expenditure and properties of a Wakf body are a mystery to even the members of
the concerned Wakf body (Jamath members). Has Tamil Nadu Wakf Board considered putting up such details
on a pro-active basis in its Website - so that members of the Jamath - living anywhere in the world
can see the details and report any anomaly?
Mr.S.Hyder Ali>We have taken steps on this matter. We have directed all the Wakf bodies to display
in a prominent place - list of properties owned by the respective Wakfs. We know some have complied with this
order (and displayed their list of properties). Others have not (we will take action against them).
We are also in the process of computerising all of the information - including the list of properties,
account details, when was the account last submitted, when was the last election held etc. This information
would be made available - if not fully, but substantially - in the Wakf Board Website - around January 2008.
Information would be available in Tamil as well as English.
Kayalpatnam.com>Are you surprised by the amount of criticism you have received for the work you have
done so far?
Mr.S.Hyder Ali>Not really, I am happy infact! The attacks have been on me personally - on my
ideological beliefs, not on the work I am doing, not on the steps I have taken. It is those affected by
my actions on illegal encroachments (of Wakf properties) who are behind this.
Kayalpatnam.com>Managements of the errant Wakf bodies should be upset with you. How about the general
public? Have you received any feedback from them?
Mr.S.Hyder Ali>People can meet me easily and inform me about any problems. Even the
staff are free to meet me - whether junior or senior staff. I am not looking for false respect, but I have
instilled fear in them.
Kayalpatnam.com>Have you set any targets for yourself as Chairman - to achieve certain goals within
certain period?
Mr.S.Hyder Ali>I am not here just hoping to complete five years in office. There is a lot that needs to
be done. The system is rotten to the core. We have started the change. I cannot tell how long it will take, but
we have started it. It will take long time for everything to change.
Kayalpatnam.com>When will the works currently underway to construct a new office for Tamil Nadu Wakf
Board (George Town area) be over (and shifting from the present office in Adyar take place)?
Mr.S.Hyder Ali>Work is still going on (by the government agencies). The building hasn't been handed over
to us (Wakf Board) yet. However - we expect to move to our new office - fully furnished or not - after
Ramadhan.
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