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The Supreme Court will hear the petitions challenging the new Waqf law on 20 May. Before that the Center and 5 Chief Petitioners will present their affidavit today. Rejecting the new petitions reached on May 15, CJI BR Gavai and Justice AG Christ had said that the issue of interim relief would be heard only.
At the same time, All India Muslim Personal Law Board has also resumed nationwide protests against the new Waqf Act. In a statement released on May 18, the board said that in view of Operation Sindoor and the situation in the country, the Waqf Bachao Abhiyan, which was postponed by 16 May, has been resumed.
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.
Center filed a 1300 -page affidavit on 25 April
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.
However, the All India Muslim Personal Law Board (AIMPLB) misrepresented the government’s figures and demanded action against the court on a false affidavit.
Supreme Court will hear on May 20
On April 17, the Supreme Court decided to hear only five petitions. From then on to May 15, several petitions challenging the Act were filed. However, a bench of CJI and Justice Agstein George Christ said it would hear arguments to pass interim instructions on three issues on 20 May.
3 big things about the 16 April 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? ‘
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 …