Challenge To Waqf Amendment Act 2025 : Live Updates From Supreme Court Hearing

Sr Adv Vikas refers to an order where 1995 Act has been challenged.

Mehta: suppose in 2022, some trust is created under Public Trust Act,..

CJI: On Public Trust Act, its state-wise and not all India, there are instances were waqf is created to give to Allah. It has been treated as waqf.

Mehta: I can give five judge bench judgment of Hyd Nizam that there can be a trust by Muslim for same purpose as waqf

CJI: You undo that judgment..

Mehta: we are not undoing

CJI: where public trust has been declared as waqf, say 100 or 200 years back, you turn about and say it is taken by waqf board

Mehta: If today, I am Muslim, I don't have to make waqf. I can make trust

CJI: You cannot rewrite the past of 100 years back!

SG Mehta: All waqf boards, they will complete tenure. It is for new Boards

CJI: what is the tenure of Council?

Sibal: there has been no Council

SG Mehta: report of JPC, its in public domain. have a look at one para of JPC. Everything has a logic, rationale and intent..two will be ladies, it has become inclusive

J Kumar: why do you say they have to specifically be Muslims in clause (c)?

SG Mehta: because there is a choice

J Kumar: it can go beyond 2? we have to go by wording, you cannot argue contrary. only other clause (c) you say Muslim members, which means others can be non-Muslim

Mehta: now, other sects of Muslims, Bohra and others will have representation in Board

SG : Going by their logic, then your lordships can't also hear this matter.

CJI : When we are sitting here to adjudicate, we lose our religion. We are secular. We are talking about a Board which is managing religious affairs

Mehta: .its an advisory body..

CJI: why not have them in majority. as long as ex-officer members, there is no issue. If there are 22, and only 8 are Muslims..

Mehta: reads about the composition

CJI: there is only 8 [Muslims] Mr Mehta, we are talking not about adjudication, we lose our religion. we are absolutely secular, for us, one or the other side, is same. If we are dealing with an religious issue, issues will arise.

Let's say in Hindu temple, all are Hindu in the Governor Council. How are you comparing with judges? [who are appointed in the Board]

correction to previous update: If you are going to denotify waqf-by-user properties, it will be an issue- CJI

denotify was mistakenly posted as identify.

CJI: there are issues concerning the past waqf by user

Mehta: Mr Sibal says, its complete usurpation by Central Gov, pls look at S. 9 in 1995 Act. It has always been the Central Gov nominating, even after 2013 amendment