Latest news with #WaqfBoards
NDTV
20-05-2025
- Politics
- NDTV
"Courts Cannot Intervene Unless...": Chief Justice's Big Remark On Waqf Law
New Delhi: There is a presumption of constitutionality in legislation that clears Parliament and courts cannot interfere unless a glaring case is made out, Chief Justice of India BR Gavai told the petitioners challenging the Waqf Amendment Act today. The bench of Chief Justice Gavai and Justice AG Masih was hearing a bunch of petitions challenging the Waqf Amendment Act, which became a law last month. Earlier, the court had earmarked three issues -- Waqf by user, nomination of non-Muslims to Wakf Council and state Waqf Boards and identification of government land under Waqf. The Centre had then assured that it would act upon these counts till the matter was resolved. When the court met today, Solicitor General Tushar Mehta said that the Centre had filed its response on these three counts. "However, the written submissions of the petitioners now extend to several other issues. My request is to confine it to the three issues only," he said. Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioners, objected to this. "The then CJI (Sanjiv Khanna) said we will hear the case and see what interim relief has to be granted. Now we cannot say confine to three issues." Mr Singhvi said there cannot be a "piecemeal hearing". Mr Sibal said the Act is aimed at capturing Waqf lands. "The law is designed in such a way that Waqf property is taken away without following any process." He also pointed to the condition that only a person practising Islam for at least five years can create a Waqf. "If I am on my deathbed and I want to make a Waqf, I have to prove that I have been a practising Muslim. This is unconstitutional," he said. As Mr Sibal reiterated that the law was aimed at taking over Waqf properties, the Chief Justice said, "There is a presumption of Constitutionality in legislation passed by Parliament. Courts cannot interfere unless a glaring case is made out, especially in the current scenario, we don't need to say more." Mr Sibal said that under the new law, any village panchayat or a private individual can raise a grievance and the property ceases to be Waqf. "The government officer will decide it and will be a judge in his own cause. No questions asked." "Please remember that Waqf is about my property. It is only a property owned by someone and it cannot be of the State. Now that very property is taken away," he said.
Indian Express
15-05-2025
- Politics
- Indian Express
Supreme Court defers pleas against Waqf (Amendment) Act till May 20
The Supreme Court on Thursday deferred hearing petitions challenging the Waqf (Amendment) Act, 2025, till May 20 to consider the prayer for an interim stay of the provisions. The petitions were earlier being heard by a three-judge bench presided over by former Chief Justice of India (CJI) Sanjiv Khanna. With Justice Khanna retiring, they came up before a two-judge bench presided over by CJI B R Gavai. Solicitor General Tushar Mehta, appearing for the Centre, informed the bench also comprising Justice A G Masih that the government had filed its counter-affidavit to the petitions on certain aspects of the law which were flagged by the court in earlier hearings. Even as it expressed concerns on the waqf by user concept, the Supreme Court had earlier quizzed the Centre over the changes introduced to the Waqf law for retaining the status retrospectively to only registered waqfs, as well as the inclusion of non-Muslims in the state Waqf Boards and Central Waqf Council. Though dozens of petitions were filed in the Supreme Court challenging the 2025 amendments, the court had decided to enlist only five of them as lead matters and directed that the rest be treated as intervention applications. On Thursday, a counsel pointed out that the five lead petitions chosen by the court were all filed by Muslim parties, even though there were several Hindu petitioners too. 'It should not give a polarised impression,' he told the bench, and urged it to allow others to file writ petitions as well. Solicitor General Tushar Mehta countered this, saying, 'Nobody is giving any polarised impression.' Senior advocate Kapil Sibal, appearing for some of the petitioners, also opposed this. Besides petitions challenging the 2025 amendments, the Supreme Court is also seized of a petition challenging the Waqf Act, 1995. Noting that the petition had been pending for a long time, the bench presided by former CJI Khanna had said earlier that it would be heard separately. On Thursday, CJI Gavai said the court will not permit any challenge to the 1995 Act in petitions challenging the 2025 amendments. Advocate Vishnu Shankar Jain, appearing for the petitioner challenging the 1995 Act, sought a hearing. To this, CJI Gavai asked the counsel when the 1995 law was challenged. Jain said, 'It was challenged earlier, they asked us to go to the High Court. We filed around 140 petitions, which are pending in different high courts, and now we have filed the present writ petition, which is a fresh matter challenging various provisions.' The CJI asked, 'How can we permit you to raise the challenge to the provisions of the 1995 Act in the 2025 Act?' Jain responded that he is also seeking interim relief in respect of some provisions of the 2025 Act, but CJI Gavai said, 'We will not consider any request or stay of the provisions of the 1995 Act. We are making it clear. Just because someone is trying to make a challenge to the 2025 Act, somebody just wants to jump in and challenge the 1995 Act. That will not be permissible.'
Hans India
14-05-2025
- Politics
- Hans India
CJI Gavai-led Bench to hear tomorrow pleas against Waqf Amendment Act
New Delhi: The Supreme Court is slated to hear on Thursday a clutch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. As per the cause list published on the apex court website, a 2-judge Bench headed by Chief Justice of India (CJI) BR Gavai and Justice AG Masih will resume hearing the matter on May 15. Multiple petitions have been filed before the top court challenging the constitutional validity of the amendments introduced in the Waqf Act, 1995. In the previous hearing held on May 5, a bench headed by ex-CJI Sanjiv Khanna opined that it did not intend to reserve its judgment at the interim stage in view of his impending retirement. Adjourning the hearing, the Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, said: "We will post it before the bench of Justice Gavai on May 13 or 14." In an earlier hearing, the top court granted a week's time to the Centre and state governments and the Waqf Boards to file their preliminary reply. It decided to treat five writ petitions as lead cases and said that other pleas will be treated as intervention applications, apart from ordering the registry to rename the cause titles of the proceedings as "In Re: The Waqf (Amendment) Act, 2025". After the apex court hinted at passing a stay order, the Union government had assured the Supreme Court that it would not de-notify provisions related to 'Waqf by user' or include non-Muslim members in the Waqf Board. In its preliminary affidavit, the Centre said that it brought amendments to prevent abuse of Waqf legislation, which resulted in the encroachment of government properties, apart from ensuring that the Waqf Boards in the country are properly administered and function with transparency. "It is submitted that there have been reported misuse of Waqf provisions to encroach on private properties and government properties. It is really shocking to know that after the amendment brought in the year 2013, there is a 116 per cent rise in Waqf area," the Union Ministry of Minority Affairs said. The Centre, in its reply document filed before the top court, said that it was found that most of the Waqf Boards have been functioning in the "most non-transparent manner" and have either not uploaded the details in the public domain or have uploaded partial details. It said that under the old regime, due to the absence of adequate safeguards, government properties and even private properties were declared as Waqf properties. "The provisions of Sections 3A, 3B, and 3C take care of the said situation, which has been prevailing for several decades. It is submitted that there are startling examples whereby the government lands or even the private lands were declared as Waqf properties," it said in the affidavit. The Union government said that the Waqf (Amendment) Act, 2025, was passed with the objective of modernising the management of Waqf properties in India through transparent, efficient and inclusive measures. It argued that the reforms introduced are directed solely at the secular and administrative aspects of Waqf institutions – such as property management, record-keeping, and governance structures – without impinging upon any essential religious practices or tenets of the Islamic faith. The concept of 'Waqf', rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.
Time of India
07-05-2025
- Politics
- Time of India
Waqf Act to protect interests of Muslim community: CM
Raipur: Chhattisgarh Chief minister Vishnu Deo Sai on Tuesday said that the Waqf Amendment Law is not against the Muslim community but is designed to safeguard their interests, particularly those of the poor and marginalized sections. Speaking at a Waqf Reform Public Awareness Programme held at his official residence, the CM urged all communities to work together to dispel misconceptions surrounding the law."The Waqf Amendment Law is being misunderstood by some, but in reality, it aims to bring transparency and ensure that Waqf properties benefit those they were originally meant for," said CM Sai. He emphasized the need for collective efforts to prevent misinformation and to educate people about the real objectives of the noted that the Waqf Boards were established with the noble aim of supporting the welfare of the Muslim community, especially the underprivileged and backward groups. "Unfortunately, over the years, a few influential individuals misused the system for personal gain, leaving the truly needy without access to resources meant for them," Sai for Tribal and Scheduled Caste and Minority Development Ramvichar Netam added that the amended Waqf laws are intended to empower the Muslim community. "Now, every rupee earned from Waqf properties will be accounted for and used transparently for education, welfare, and improving living standards of the community," he said.
New Indian Express
05-05-2025
- Politics
- New Indian Express
CJI Khanna defers pleas on Waqf Act to May 15, says Centre's reply needs 'consideration'; to be heard by successor
"Deliberate, purposeful and intentionally misleading narrative, is built very mischievously giving an impression that those Waqfs (including 'waqf by user') which do not have document to support their claims will be affected. This is not only untrue and false but purposefully and deliberately misleading this court,' the affidavit said. The affidavit also justified the provision giving sweeping powers to the district Collector to determine the ownership of a government land which is identified as Waqf stating that it is to "set the revenue records right." The Centre, in its 1,332-page preliminary counter affidavit, submitted that there cannot be a "blanket stay" on the law as there was a "presumption of its constitutionality." It also claimed that the law was not violative of the fundamental rights guaranteed under the Constitution. "The amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution," it said. Justifying the inclusion of non-Muslims in the Waqf Boards, a move widely criticised as a direct attack against the religious freedom of Muslim community, the Centre said, "The maximum possible number of non-Muslims in the Central Council is four out of 22 members and three out of 11 members in State Waf Boards, assuming the ex-officio members are also non-muslims." Coming down heavily on the Centre's plan to include non-Muslims in the Waqf Boards, the court during the initial hearing on April 17 had asked, "Are you suggesting that Muslims could now be part of Hindu endowment boards as well? Please state it openly." In its affidavit, the Centre further justified the inclusion of non-Muslims claiming that managing large number of waqf properties across the country which include land, buildings, and financial assets dedicated to charitable and religious causes "involves significant secular activities. " "Maintaining accurate records, preventing misappropriation, resolving disputes, and ensuring that the income is used for the intended charitable purposes, such as education, healthcare, and assistance to the needy. Further, such properties often deal with the rights of people of other communities and their claims to such properties. The regulation of such properties, therefore, may have a public order aspect as well," the Centre said in its affidavit. 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 the 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. The law was widely criticised as a blatant intrusion into the religious matters of the Muslim community sparking widespread protests across the country. Several political parties such as the DMK, YSRCP, AIMIM, the Left parties, civil society groups such as NGOs, Muslim bodies and others have moved the apex court challenging the validity of the Act.
