The Centre on Tuesday urged the Supreme Court to
confine the hearing on pleas challenging the validity of the Waqf (Amendment)
Act for passing interim orders to three issues, including the power to denotify
properties declared as waqf by courts, waqf-by-user or waqf by deed.
A bench comprising Chief Justice B R Gavai and
Justice Augustine George Masih was asked by Solicitor General Tushar Mehta,
appearing for the Centre, to confine the proceedings identified by the earlier
bench.
The court had earmarked three issues. We had filed
our response to these three issues. However, the written submissions of the
petitioners now exceed several other issues. I have filed my affidavit in
response to these three issues. My request is to confine it to the three issues
only, the law officer.
The submission was opposed by senior advocates Kapil
Sibal and Abhishek Singhvi, appearing for those challenging the provisions of
the 2025 law, that there cannot be any piecemeal hearing.
One of the issues is the power to denotify
properties declared as waqf by courts, waqf-by-user or waqf by deed.
The second issue raised by the petitioners relates
to the composition of state waqf boards and the Central Waqf Council, where
they contend only Muslims should operate except ex-officio members.
The third issue relates to a provision that says a
waqf property will not be treated as a waqf when the collector conducts an
inquiry to ascertain if the property is government land.
The hearing is underway and Sibal commenced
advancing submissions and is referring to the background of the case.
On April 17, the Centre assured the top court that
it would neither denotify waqf properties, including "waqf by user",
nor make any appointments to the central waqf council and boards till May 5.
The Centre had opposed the apex court's proposal to
pass an interim order against the denotification of waqf properties, including
"waqf by user" aside from staying a provision allowing the inclusion
of non-Muslims in the central waqf councils and boards.
On April 25, the Union Ministry of Minority Affairs
filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025
and opposed any "blanket stay" by the court on a "law having
presumption of constitutionality passed by Parliament"
The Centre notified the Waqf (Amendment) Act, 2025
last month after it got President Droupadi Murmu's assent on April 5.
The bill was cleared by Lok Sabha with the support
of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members
voting in its favour and 95 against it.