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

CJI: the legislature cannot declare any judgment or decree of court as void, you can remove the basis of law but you cannot declare any judgment or declare as not binding

Mehta: I don't know why those words have come. Ignore that part. There is a large section of Muslims who dont; want to be governed by Muslim Board. If a Muslim wants to do charity, he can do that through Trust 

If you are going to denotify waqf-by-user properties, it will be an issue : CJI to SG. 

CJI: as for waqf by user is concerned, its difficult to register. you have a point, it is misused. but you cannot say there is no genuine waqf by user

Mehta: I will

CJI: if you denitrify waqf by user properties, it will be a problem. come to sub-section 2, its completely contrary

CJI: Still not able to get my answer, if its declared or

Mehta: if its registered, I will be put on affidavit

CJI: that will be undoing something established by law. how will you register? come to sub-section 2

J Viswanathan- read sub-section 9, appeal to High Court

Mehta: I am grateful; this decision of tribunal was final, now it has become more board

Mehta: refers to S. 81. The tribunal is a judicial body, it has a judge, and one person with Muslim law knowledge. judicial review has not been taken away.

Mehta: position as waqf remains suspended, but nobody says the usage will stop. These are revenue proceedings, and if somebody wants to have adverse possession, they can seek remedy

CJI: there is bar of civil suit

Mehta: Mylords, let me go it in my way

Mehta: on Gov land, there has to be an adjudication for revenue. The argument before JCP was Collector is a revenue officer, there must be an officer above him

CJI: read the proviso- the moment the Collector says investigation, Is this fair? Is this fair?

Mehta: there are judgments which say the Gov as trustee can regulate the.. if any question arises if the property is Gov property, the Collector will determine- why this provision came? No one can dispute Gov property cannot be anything but Gov property

CJI: you first undo any further declaration that the property is a waqf property

CJI: most of the cases, say, Jama Masjid, it will be waqf by user

Mehta: what prevented them to register?

J Viswanathan: what CJI is saying, what if S.3(C) is involved, and Gov says its there property? In Land Encroachment Act, the law says the bona fide title will be considered by Court

Mehta: Mylords, let me complete