Will govt allow Waqf activities in Taj?

Who owns the world-fame Taj Mahal? The Uttar Pradesh Sunni Waqf Board, which had registered it as its property back in 2005, on Tuesday withdrew its claim.

Its change of stance came after the Supreme Court asked it in the last hearing to produce the original title document bearing Mughal emperor Shah Jahan's signature donating it to the Waqf.

The Court is hearing a petition filed in August 2005 by the Archaeological Survey of India (ASI), a month after the Waqf Board registered it as its property. The ASI maintains the monument built by the emperor to house the tomb of his favourite wife, Mumtaz Mahal, as the government property.

Even while telling the Bench headed by Chief Justice Dipak Misra that the Waqf Board would not stake claim on the historic monument, its lawyer Salman Khurshid pleaded for allowing the board to carry on the Waqf related activities on its premises.

He sought this permission on the ground that "Khuda" (God) becomes owner of a property donated to the Waqf and as such the board be allowed to carry on the almighty's "khidmat" (services) there. The court issued notice to the ASI to respond to his prayer and fixed next hearing on July 27. The ASI already allows the Friday prayer on the premises.

In its original reply to the ASI petition, the board had claimed that handover of the Taj Mahal to the Waqf Board is recorded in "Badshahnama" which is lying in the London Museum.

The Bench, which also included Justices A M Khanwilkar and D Y Chandrachud, told Khurshid that his statement that the board not staking claiming will not help as it has to deal with the monument's registration as a Waqf property. It said his statement amount to the Waqf Board pressing its right over the monument and hence it has to be adjudicated.

In the last hearing, another senior advocate V Giri appearing for the Waqf Board had sought more time to produce books and other historical exhibits that show Taj Mahal was indeed the Waqf property from Shah Jahan's time. It prompted the CJI to remark: "I want to see Shah Jahan's handwriting, his signature, if there's any such document. It would be very interesting to see his handwriting, his signature."