Petitions challenging the new Waqf law were heard in the Supreme Court on Tuesday. A bench of Justice BR Gawai and Justice Christ said that the petitioners should further strengthen the matter to get interim relief.
During the hearing, CJI BR Gawai said- “There is a notion of constitutionality in favor of every law. For interim relief, you have to make a very strong and clear case. Otherwise, the notion of constitutionalism will remain.”
Solicitor General Tushar Mehta said that there are a total of three issues, which have been demanded to ban and I have filed an answer on it. Hearing on these issues should be limited.
The petitioners’ counsel Kapil Sibal and Abhishek M Singhvi opposed this and said- no hearing can be held in pieces. This is a case of possession of Waqf properties.
Sibal said that there are not just three issues. There is an issue of encroachment on the entire Waqf. The government cannot decide which issues should be raised. If the provision implemented, it will be difficult to compensate for the loss.
After hearing the arguments of the petitioners for 3 hours on Tuesday, the bench adjourned the matter till Wednesday. The bench will now listen to the central government’s side.
Arguments of petitioners
Amendments of 2025 are designed to capture Waqf, which is non-judicial. Amendments have revoked the principle of “once Waqf, always Waqf”.
Due to lack of registration, the validity of Waqf was not affected. Only a fine was imposed. If registration is not done after the amendment, Waqf will not get recognition.
This condition has been laid that only a person who followed Islam for 5 years can create a waqf, which has been challenged as unconstitutional in himself.
The first Waqf Board must be CEO Muslim. It can now be non -Muslim, it is an attempt to capture Waqf properties.
