Asaduddin Owaisi responded to judicial overreach allegations by saying the Supreme Court must examine whether a law violates fundamental rights, freedoms, or the basic structure of the Constitution. He added that such scrutiny is a constitutional responsibility.
The judiciary operates independently and has a responsibility to evaluate whether a law aligns with the Constitution, AIMIM chief Asaduddin Owaisi stated today when questioned about claims of judicial overreach following the Supreme Court’s decision to hear petitions challenging the amended Waqf law.
Mr. Owaisi emphasized that the Supreme Court must determine if a law infringes on freedoms and fundamental rights or undermines the Constitution’s basic structure.
AIMIM chief remarked who is one of the petitioners contesting the amended Waqf law in the Supreme Court,
“One has to accept… The government is behaving like a small child. Oh, if I don’t get my toy, I’ll cry. That is not the case,”
The Supreme Court has agreed to the Centre’s assurance to temporarily suspend two critical provisions of the law for a week while the government prepares a response to the petitions arguing that the law is unconstitutional.
Petitioners assert that the law undermines several constitutional rights, including the right to equality and freedom of religion. However, Mr. Owaisi argued that even if the law is intended to improve the regulation of Waqf properties, the Muslim community will ultimately suffer losses.
He pointed out that there are seven sections in the law that will result in the loss of Waqf property for Muslims.
He stated,
“Our protest and our legal battle will continue because unless we succeed in declaring this law unconstitutional, the government will continue to seize properties, and the Muslims will be the ones to suffer,”
When asked about the strongest constitutional argument against the amended law, Mr. Owaisi expressed concern that if the matter turns into a lengthy legal dispute, both the Waqf board and the Muslim community will face greater losses.
He provided an example, noting that with the introduction of a statute of limitations on Waqf properties, “basically the encroachers will become owners as of now.”
Under Section 2, properties that were previously part of Waqf will no longer be included, which he argued “rewards the richest man in our country, who has built his grand palatial home, Khoja Koja orphanage.”
He also highlighted a five-year limit on practicing Islam, questioning,
“Now please tell me who will decide whether one is practicing or not?”
He added,
“Fourthly, we will be losing all evacuee properties because from today onwards, they will come under government custody,”
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.