'I've Visited Churches, Dargahs...': CJI Gavai Counters Kapil Sibal During Waqf Hearing
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During the hearing, senior advocate Kapil Sibal, appearing for the petitioners, said the idea behind the Waqf Act is to "capture" entire the Muslim body
A hearing is underway in the Supreme Court on the Waqf (Amendment) Act, 2025. A bench headed by Chief Justice of India B R Gavai and Justice Augustine George Masih is hearing the batch of pleas challenging the new act.
During the hearing, senior advocate Kapil Sibal, appearing for the petitioners, said the idea behind the Waqf Act is to 'capture" entire the Muslim body.
'This is a case in which the 2025 Act has been framed for protection of Waqf but the design is such that it is to capture the Waqf. If you go to the Mosque, there is no chadaava (offering), they don't have thousands of crores like temples," Sibal said.
Countering Sibal's argument, CJI Gavai said, 'I've visited churches, Dargahs.. it is often done."
Sibal further said that the state cannot finance a religious institution.
During the hearing on May 20, the top court said it would hear arguments for passing interim directions on three issues including the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed. The bench had clarified it will not be considering any plea for a stay of provisions of the erstwhile 1995 waqf law on May 20.
Former CJI Sanjiv Khanna, whose bench was hearing the matter, demitted office on May 13, and the matters were transferred to the bench headed by Justice Gavai.
On April 17, the Centre assured the top court that it would neither denotify waqf properties, including 'waqf by user", nor make any appointments to the central waqf council and boards till May 5.
The Centre had opposed the apex court's proposal to pass an interim order against the denotification of waqf properties, including 'waqf by user" aside from staying a provision allowing the inclusion of non-Muslims in the central waqf councils and boards.
On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any 'blanket stay" by the court on a 'law having presumption of constitutionality passed by Parliament".
The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5.
The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
First Published:
May 20, 2025, 12:00 IST
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