A two-hour hearing was held in the Supreme Court on Wednesday against the Central Government’s Waqf Amendment Act. More than 100 petitions have been filed against the law. The Supreme Court has sought a response from the Centre on these, but the court has not immediately stopped the implementation of the law.
The Supreme Court expressed concern over the violence taking place across the country in protest against the Waqf law. On this, the SG said that it should not seem that violence can be used to exert pressure. “We will decide that,” the court said.
During the hearing, Kapil Sibal said that under the Waqf Act, Hindus will now be included in the board. This is violation of rights. The Supreme Court asked the Centre if it was willing to allow Muslims to be part of Hindu religious trusts. As per Hindu law, no one can be a part of an external board.
A bench of Chief Justice of India (CJI) Sanjiv Khanna, Justice P V Sanjay Kumar and Justice K V Vishwanathan was hearing the case. Solicitor General (SG) Tushar Mehta is representing the Centre. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhavan and CU Singh opposed the plea. ‘
The Supreme Court will now hear the matter at 2 pm on Thursday. In the hearing, the appellants made the main arguments regarding the formation of the Waqf Board, registration of old Waqf properties, non-Muslims in the board members and settlement of disputes.
“Appellant Kapil Sibal said,” “We challenge the provision which says that only Muslims can form a Waqf.” How can the government say that only those people can form a Waqf who have been following Islam for the last 5 years? Moreover, how can the state decide whether I am a Muslim or not and therefore eligible to form a Waqf? ‘
On the registration of old Waqf properties: Sibal said, “It is not that easy. Waqf was built hundreds of years ago. Now they will ask for the waqf deed of the 300-year-old property. Here’s the problem. SG Tushar Mehta, appearing for the Centre, said registration of Waqf will always be mandatory. This was also required in the 1995 law. Sibal sahab is saying that Mutawalli will have to go to jail. If the Waqf is not registered, he will go to jail. It has been since 1995.
The Supreme Court said, “Before the British, there was no Waqf registration. Many mosques are from the 13th, 14th century, which will not have a registration sale deed. How to register such properties? What documents do they have? Waqf by user has been validated, if you eliminate it then there will be a problem. ‘
Non-Muslims in Board Members: Sibal said, ‘Only Muslims could have been part of the Board. Now Hindus will also be a part of it. This is violation of rights. Article 26 states that all members shall be Muslims. Out of 22, 10 are Muslims.
During the hearing, a heated exchange of words took place between the CJI and the SG. The Chief Justice questioned the logic of including non-Muslims in the Waqf Board. Will the government include any Muslim in the Hindu religious board, the court asked. Mehta said the Waqf Council will not have more than two non-Muslim members apart from the ex-officio members. “In the new Act, out of 22 members of the Waqf Council, eight will be Muslims. There can be two judges who are not Muslims. Majority of them will be non-Muslims. How will this save the religious character of the institution?
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