Supreme Court
The Supreme Court on Tuesday issued a notice to the Central and State Governments on a petition challenging the Waqf Act, 1995. A bench of Chief Justice of India BR Gavai and Justice AG Christ has issued a notice on the petition of Nikhil Upadhyay, a resident of Delhi. It was attached with a similar petition of lawyer Hari Shankar Jain and another person.
Why is the challenge being given now after so many years- Court
Hearing the recent amendments made in the Waqf Act, a bench of India’s Chief Justice BR Gavai and Justice Christ had earlier asked why the 1995 Act is now being challenged after so many years.
The lawyer said- was asked to go to the High Court
Advocate Vishnu Shankar Jain, who was present on behalf of the petitioner Hari Shankar Jain, tried to convince that the petitioners had challenged the 1995 Act in the Supreme Court long ago. He was asked to go to the High Court, but the bench did not agree.
A bench of former CJI Sanjeev Khanna heard the case
On Tuesday, a bench of the Supreme Court asked advocate Ashwini Upadhyay as to why he should now consider the petitions challenging the 1995 Act. On this, lawyer Upadhyay said that a bench of former CJI Sanjeev Khanna, Justice Sanjay Kumar and KV Vishwanathan had heard Waqf (Amendment) 2025 cases before taking charge of CJI Gawai -led bench after former CJI Khanna retired. Already, the cases challenging the 1995 Act had agreed to hear a separate hearing and allowed those who challenged the 2025 amendments to file their reply on it.
Court did not allow hearing petition
Solicitor General Aishwarya Bhati, appearing for the Center, said on Tuesday that the court has not allowed hearing a petition challenging the 1995 Act with petitions challenging the 2025 amendment. However, Bhati said that if Upadhyay’s petition is associated with the second petition challenging the 1995 Act by Jain, then there is no objection.
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