LIVE UPDATES of Hearing on Waqf Amendment Act From Supreme Court.
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LIVE UPDATES FROM WAQF HEARING
CJI:
“The Limitation Act has its benefits.”
Sr. Adv. Kapil Sibal:
“I’m making a different point. It says I need to do it within 2 years, but many are not registered. How can I claim then?”
Sr. Adv. Kapil Sibal:
“The section doesn’t mention that.”
SG Tushar Mehta:
“It clearly says that.”
Sr. Adv. Kapil Sibal:
“Earlier, there was no limit. A lot of these waqf properties were taken over illegally.”
Sr. Adv. Kapil Sibal:
“According to Section 7(A), it will take 20 years.”
CJI:
“But the situation will stay the same. Can the court review the Collector’s decision?”
Sr. Adv. Kapil Sibal:
“I am saying waqf by user is abolished, it’s my integral part of religion, it’s recognized in the Ram Janmabhoomi judgment. The issue is that if a waqf (charitable trust) was established 3,000 years ago, they will demand to see the official document or deed.”
Sr. Adv. Kapil Sibal:
“Under Section 36, you can create a waqf by user without needing to own property. For example, if it’s my personal property and I want to use it without registering it, that’s allowed.”
CJI:
“What’s the issue with registration?”
Sr. Adv. Kapil Sibal:
“This is essentially a full takeover through the process of nomination. If you look at Section 9 of the 1995 Act, it applies to all Muslims, and the Board provision under Section 14 also applies to all Muslims.”
Sr. Adv. Kapil Sibal:
“Let’s move to Section 14; it is also violative.”
Sr. Adv. Kapil Sibal:
“If you look at Section 9, there are 22 members in total, and 10 of them will be Muslims.”
CJI:
“Pay attention to the second proviso. Does it mean that only two members, excluding former officers, will be Muslims?”
Sr. Adv. Kapil Sibal:
“According to the 1995 law, all the nominees of the Central Waqf Council were Muslims. I have a chart that shows for Hindu or Sikh endowments, the nominees are Hindus or Sikhs. This is a clear violation. It is an improper action by Parliament, affecting 200 properties.”
CJI:
“Isn’t there a law that says property of Scheduled Tribes cannot be sold or transferred without permission?”
Sr. Adv. Kapil Sibal:
“According to the 1995 law, all the nominees of the Central Waqf Council were Muslims. I have a chart that shows for Hindu or Sikh endowments, the nominees are Hindus or Sikhs. This is a clear violation.”
CJI:
“How many cases like this are there? From what I understand, if it’s ruled in your favor, the status of the property as waqf won’t change, even if it was previously declared an ancient monument. It will still remain waqf. You shouldn’t object unless it has already been declared a monument.”
Sr. Adv. Kapil Sibal:
“You have pointed out an officer who works for the government. This, by itself, is unconstitutional. This is the third issue.”
Sr. Adv. Kapil Sibal:
“Fourth issue – declaring something as a protected monument or waqf is invalid.”
Kapil Sibal said that the words
“in accordance with law” mean that the core practices of his religion must be protected. He referred to Section 3(r) of the 2025 Act, which defines what a waqf is, and read it out to the court.
He argued,
“If I want to create a waqf, I have to…”
Kapil Sibal started his argument.
Sr. Adv. Kapil Sibal:
“My main point is that the law passed by Parliament is trying to interfere with a core and essential part of a person’s faith. This relates to the rights given under Article 25 and 26 of the Constitution.”
CJI:
“Mr. Dhavan, you’re the senior-most lawyer here — would you like to begin?”
CJI:
“Please keep things respectful. We’ve already made it clear — we’ll only hear the petitions that were filed and cleared of objections before 11 o’clock.”
CJI:
“We will call out the names. Clearly, we can’t listen to everyone. There are two things we need to know first:
- Should we take up this case here or send it to the High Court?
- What are the main points you plan to argue?
The second question will also help us decide the first.”
Bench assembled… Hearing started.
One lawyer mentioned his case (challenging the Waqf Amendment Act), saying it has a case number but has not yet been listed for hearing.
Chief Justice Sanjiv Khanna replied that all cases cleared by the Registry before 11 AM today will be listed for hearing.
#SupremeCourt
The Supreme Court will hear the petitions against the Waqf Amendment Act, 2025 today at 2 PM.
A bench led by Chief Justice of India Sanjiv Khanna, along with Justice Sanjay Kumar and Justice K.V. Viswanathan, will take up the case.
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