SG Mehta: if as Muslim, I have to go to prescribed... ... Waqf Amendment Act Challenge : Live Updates From Suprem Court [Hearing On Interim Order -Day 3]
SG Mehta: if as Muslim, I have to go to prescribed authority for marriage, divorice- same is for waqf only additional condition is 5 years to not defeat someone's rightful claim by creating waqf
On essential religious practice- pure constitutional question- i have cited Shrur Mutt etc- there were some petitions, i dont represent them- they challenged 1995 Act
CJI: Vishnu Shankar Jain, in 2025 they want us to see challenge to 1995 Act, we will not listen, we will not entertain petitions challenging
SG Mehta: want to make it clear, their argument is since they were sent to HCs, we should also be sent to HC- I am not supporting this- please hear in Article 32..
also, they referred to Janbhoomi judgment- waqf by user accepted, it was said under the Act as it was existed- waqf by user was there in the 1954 Act-i am not disputing but now its deleted. It never said its an essential religious practice it was statutorily recognised practice can be taken away