A decisive hearing began on Tuesday on the petitions contesting the amendments to the Waqf law to the Supreme Court. On the first day, five main lawyers advanced arguments on behalf of the petitioners for about a quarter to four o’clock. Lawyers have mainly allegedly alleged that the new Waqf law weakens the concept of religious rights and the WAQF of the Muslim community.
At the start of the hearing, the general solicitor said that at the last hearing, three questions were discussed – the appointment of the members of the board of directors, the role of WAQF by the user and the district magistrate. On these three points, the government had undertaken the Supreme Court and the response was made to them. He asked that the court focuses only on these questions.
“This is a source of control and acquisition of law”
Kapil Sibal opposed this, saying that he would say to all aspects and would dispute the court to show the ordinance in which only three questions have been fixed. Sibal argued: “This is a source of control and acquisition of the law.”
Kapil Sibal said the new Waqf law was completely unconstitutional. He argued that this law had been designed to control and tear the WAQF property. By giving an example, he said that the new law says that until the end of the collector’s investigation, property cannot be considered WAQF – where the WAQF process is in the name of Allah and once it is VAQF, it is forever.
The court wondered that there were offerings in the dargahs, does it change the nature of the property? Sibal said they were talking about mosques, where the offer does not come, and this is an example of Waqf by the user – like Babri Masjid.
The CJI asked if the registration of WAQF goods was necessary in the old laws. Sibal said that by virtue of the 1923 law, this was necessary for Mutavalli and that the word “must” was used, but the CJI indicated that it is not only imperative to say “must” unless there is a punishment on its violation. Sibal replied that it was only in the law, it was said that if Mutavalli does not register, he loses his authority. There is no strict punishment.
“Why tell the government that we are Muslims?”
Sibal particularly stressed that there is no independent legal processes in the new law. To challenge the collector’s decision, it is necessary to go to court and the property will not be considered WAQF until the decision arrives. The CJI wondered that if the investigation begins, does the WAQF situation of the property end automatically? Sibal said – “Yes, Waqf will not be taken into account.”
Kapil Sibal has raised another important aspect that the new law requires an authentic faith of five years to be a Muslim to judge. He said, “Why should I show the government that I am a Muslim? And why should I wait five years?” He described it as a violation of articles 14, 25 and 26.
Read also: “ The completely illegal waqf law ”, that talking about the arguments of Kapil Sibble, knows
Deleting the WAQF by the user is wrong: Kapil Sibal
Kapil Sibal said that the “Waqf by user” had now been deleted, which is completely false. This property is dedicated to God and can never be eliminated. Now, only the WAQF will be considered recorded. The Supreme Court bench said: “There are many Waqf property disputes in Aurangabad.”
The court mentioned several controversies linked to WAQF properties in the Maharashtra Aurangabad region. On this subject, Sibal has mocked – “Yes! Our DNA must be obstructed. Now, any grams or private panchayat can also file a complaint.” The hearing of this case in court will be held now on Wednesday.
