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The hearing on the Waqf (Amendment) Act has started in the Supreme Court. The hearing was postponed on 5 May. In the April 16 hearing, the court had stayed the new appointments in the Waqf Board till the next hearing. At the same time, till the Center’s answer came, the status quo was asked to maintain the status quo on the declared property.
The Center said in the affidavit filed on 25 April that the law is completely constitutional. It has passed from Parliament, so it should not be banned.
In the 1332 -page affidavit, the government claimed that since 2013, Waqf properties increased by more than 20 lakh acres. Due to this, many times private and government lands were disputed.
At the same time, the All India Muslim Personal Law Board (AIMPLB) denied the government’s figures as wrong and demanded action against the court with false affidavit.
More than 70 petitions have been filed in the Supreme Court against the new Waqf law, but the court will hear only five main petitions. This includes a petition by AIMIM MP Asaduddin Owaisi.
The new law came into force in April after the President’s approval. It was supported by 288 MPs in Lok Sabha and 128 in Rajya Sabha. Many opposition parties opposed it and moved to the Supreme Court.
The court gave three instructions to the Center …
Solicitor General said- revised law enacted after millions of suggestions Now CJI will hear the bench case of BR Gawai and Justice Augustine George. The first CJI Sanjeev Khanna, Justice PV Sanjay Kumar and Justice KV Vishwanathan were hearing the matter. Justice Khanna retired on 13 May. Solicitor General (SG) Tushar Mehta from the Center, while Kapil Sibal, Rajiv Dhawan, Abhishek Manu Singhvi, CU Singh are arguing against the law.
In the April 17 hearing, SG Mehta had said that the law passed with Parliament should not be banned without hearing the government.
He had said that a new law has been enacted after millions of suggestions. There are many examples in which the villages were grabbed by Waqf. Many private properties were taken to Waqf. The bench said that we are not taking final decisions.
3 big things in the petition …
- The law violates Articles 14, 15, 25 (Religious Freedom), 26 (freedom of managing religious affairs), 29 (minority rights) and 300A (right to property).
- The inclusion of non-Muslims in the Waqf Board and the District Collector gives the right to decide the Waqf property.
- This law discriminates against the Muslim community, as there are no uniform restrictions on other religious trusts.
April 16: 3 big things about the first day hearing …
1. Waqf board making process: Kapil Sibal, who is arguing against the law, said, ‘We challenge the provision that only Muslims can make Waqf. How can the government say that only those people who have been following Islam for the last 5 years? Not only this, how can the state decide whether I am a Muslim or not and therefore worthy of making Waqf? ‘
2. On registration of old Waqf properties: Sibal said- this is not so easy. Waqf has been built hundreds of years ago. Now they will ask for a Waqf deed of 300 -year -old property. There is a problem here. On this, SG said- Waqf was also registered in the 1995 law. Sibal Saheb is saying that Mutavalli will have to go to jail. If Waqf is not registered, he will go to jail. This has been since 1995.
To this, the Supreme Court said, ‘Waqf registration was not done before the British. Many mosques are of the 13th, 14th century. They will not have registration or cell deed. How to register such assets. What documents will they have? Waqf by user has been valid, if you finish it then there will be a problem.
3. Non-Muslim in Board Members: Sibal said, ‘Only Muslims could have been part of the board. Now Hindus will also be part of it. This is a violation of rights. Article 26 states that citizens can establish an institution for religious and social service.
There was a sharp debate between CJI and SG on this issue. The court asked if the government would include Muslims in the Hindu religious board? SG said that the Waqf Parishad will not have more than two non-Muslim members besides ex-officio members.
On this, the bench said, ‘The new Act will have eight out of 22 members of the Waqf Parishad. It may have two judges who are not Muslims. In such a situation, the majority will be of non -Muslims. How will this survive the religious character of the institution? ‘
Why the law is being opposed …
Violence occurred in many states including West Bengal
- April 11: Demonstrations against the Waqf law took place in Srinagar, Jammu and Kashmir. Some local organizations and leaders described the law against minority rights. Hurriyat leaders were under house arrest when the situation became tense.
- 12 April: Violence took place on 11-12 April in protest against the Waqf law in Murshidabad, West Bengal. The mob bombed and set government vehicles on fire. The trains were also attacked by the protesters. 3 people were killed in this violence, while 15 policemen were injured. More than 300 people were arrested.
During the protest in Murshidabad, the crowd became violent and the policemen were stoned.
- 12 April: A rally of 4 thousand people became violent in Unakoti district of Tripura. At least 18 policemen, including the SDPO, were injured. The police then arrested 18 protesters.
- 13 April: The protesters pelted stones at the police in Silchar, Assam. Thousands of people gathered without permission in the Madhurband area. The police tried to stop them. First pushed, then throw stones. The police also had to charge sticks to disperse the crowd. The protesters raised slogans of religious and BJP Murdabad. Tamilga Vetri Kazagam (TVK) president and actor Vijay filed a petition in the Supreme Court challenging the Waqf law.
————————- Read this news related to the case too …
There will be 14 major changes in Waqf law, entry into Waqf Board of women and non-Muslims
The Waqf Board has the highest number of land in India after the Railway and Ministry of Defense. About 9.4 lakh acres. 3 cities like Delhi settled in such land. The Central Government will present a bill in Parliament today to change the act related to this Waqf Board. Leader of the opposition and a large section of Muslims are against it. Read full news …