NIN Web Desk : (Dr subhrojyoti chattopadhyay); The Supreme Court will hear the Waqf Act tomorrow. Chief Justice Sanjiv Khanna will hear the arguments of Solicitor General Tushar Mehta. However, although the top court expressed its desire to give an interim verdict, the central government has sought one more day’s time. Earlier, the court had proposed that no changes can be made to the properties already declared as Waqf by the court for the time being. All members of the Waqf Board and the Central Waqf Committee must be Muslims, except those who have obtained membership of the board by virtue of their position. Not only that, the court also wants to know from the Central whether Muslims will be given a place in the charitable trusts of Hindus. (Waqf Law Case)
During the hearing on the Waqf Act on Wednesday, the court raised several questions about the central law. Why are only 8 of the 22 members of the Waqf Board Muslims? This led to a virtual war of words between Solicitor General Tushar Mehta and Chief Justice Sanjiv Khanna. In this context, Mehta commented that the case should not be heard in the Supreme Court bench. The Chief Justice said, “When we sit on the bench of the judiciary, religion does not matter to us. For us, all parties are equal.” After this, the CJI wanted to know, “What do you mean by that, there will be a place for Muslims in the board of a Hindu charitable trust? Tell me openly.” The Chief Justice also said, “Article 26 talks about secularism. It is applicable to all communities.”
The Chief Justice was heard talking about giving an interim verdict on the same day. But Mehta asked for another day, he requested that the government’s statement be heard for another day. The CJI finally agreed to it and the court will hear the government again on Thursday afternoon. Before that, the court today made an interim proposal that
1) If a property has been identified as a Waqf in the court, it cannot be changed in any way during the hearing on the amended Waqf Act. This order applies to all cases, whether the property is donated as a waqf by an individual or if there is a Waqf agreement.
2) The law states that no property will be considered as a Waqf during the investigation, whether it is a Waqf or government property, on the orders of the District Magistrate. But the court said that this order will not be implemented right now.
3) All members of the Waqf Board and the Central Waqf Committee must be Muslims. The only exception is Ex Officio members, that is, those who automatically become members of the board by being government officials or representatives of a party, for whom religious identity is not mandatory.
Opposing the amended Waqf Act, lawyers said today that the rules regarding waqf property are not new, but have been in place for years. Bringing an amendment bill without any discussion will harm people of a certain community, and their rights will be interfered with. Anti-Waqf lawyers also questioned whether the central government has such a right. A total of 73 anti-Waqf petitions are being heard by a bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan of the Supreme Court.
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