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On Wednesday, there was a fierce debate in the Supreme Court for about 70 minutes regarding the Waqf law. The court asked the Center many sharp questions. This made it clear that the court will issue an interim order regarding this law. There is only one question in everyone’s mind, what will be the interim country. Will this law be banned?
- The Supreme Court can issue an interim order on the Waqf law. But before issuing the order on Wednesday, the court decided to continue the hearing. The matter will be heard again on Thursday. The court could give an interim order on three amendments related to the Waqf Act.
- The first issue is linked to the rights given to the collector in the dispute of Waqf properties, the presence of non -Muslim members in the Waqf Board and the presence of non -Muslim members in the Waqf Board. The central government had appealed that the court heard its arguments before issuing an interim order. Due to lack of time, the court extended the hearing.
- During the hearing in the Supreme Court on Wednesday on the petitions filed on the Waqf law, senior advocate Kapil Sibal, appearing for the senior Jamiat, argued that the Waqf Amendment Act, 2025 violates religious freedom in the management of their religious and charitable institutions of Muslims. He mentioned the controversial provisions and listed the objections of Muslim organizations and other petitioners.
- Kapil Sibal proposed to stop some of the major provisions of the Act, including the power to non-deferred the assets declared by the courts and to include non-Muslims in the Central Waqf Councils and the Board.
- He asked how can the government decide whether I am a Muslim or not and hence I am eligible to wake up or not? How can the government say that only those people who have been following Islam for the last five years?
- Sibal said that Waqf was made hundreds of years ago. Now they will ask for a 300 -year -old property deed, there is trouble here. On this, the court asked why Waqf by user was removed. There are many old mosques of the 14th and 16th centuries, which will not have registration cell deeds. How to register such assets? There will be a long dispute over dismissing such a Waqf. We know that the old law was misused. But Waqf has some correct assets. If you finish them then there will be a problem.
- In response to this question of the Supreme Court, Tushar Mehta said that if any property is registered as Waqf, then it will remain the property of Waqf. No one has been stopped from registration. Registration of property was also mandatory in the law in 1923.
- The Supreme Court took strict cognizance on the argument presented by the Center in support of the inclusion of non-Muslims in the Waqf Board that according to the argument, a bench of Hindu judges should not hear petitions related to Waqf. CJP Sanjeev Khanna said that are you suggest that minorities including Muslims should also be included in the board that manage Hindu religious institutions? Please explain it openly.
- Representing the Center, Solicitor General Tushar Mehta, while defending the provisions, stressed that the inclusion of non-Muslim members is limited and does not mainly affect the Muslim structure of these bodies. If objections are accepted on the presence of non-Muslims in the statutory board, then the current bench will not be able to hear the case.
- Chief Justice Sanjeev Khanna said, no, forgive Mr. Mehta, we are not just talking about justice decision. When we sit here, we do not believe in any religion. We are completely secular. For us, one side or other side is the same.
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