Waqf Amendment Act Challenge : Live Updates From Suprem Court [Hearing On Interim Order -Day 3]
The Supreme Court will continue hearing today the petitions challenging the Waqf Amendment Act 2025 on the question of interim order.On May 21, the petitioners completed their arguments. Yesterday, the Union started their arguments. Today, the bench comprising Chief Justice of India BR Gavai and Justice AG Masih will hear the Union Government and the other respondents.Follow the...
The Supreme Court will continue hearing today the petitions challenging the Waqf Amendment Act 2025 on the question of interim order.
On May 21, the petitioners completed their arguments. Yesterday, the Union started their arguments. Today, the bench comprising Chief Justice of India BR Gavai and Justice AG Masih will hear the Union Government and the other respondents.
Follow the live-updates here.
Arguments completed, judgment reserved.
Advocate mentions how a whole village has been declared as waqf:
Ahmadi: last aspect, S.2 and proviso-if you register the waqf as trust, you dont have to suffer the rigours of the act- the object of the waqf act is not to discourage the Muslims to not register a trust- you are indirectly telling them to register a trust and not a waqf, whole idea is to discourage them
Ahmadi: limitation under 107 is absolute, and 108 is omitted- declaration for evacutee property is 100 years old- today if I want to challenge a declaration made in 1955, that will be hit by 107. I will have no remedy
Ahmadi: so tribal can still register waqf as trust, so how are you subserving the argument of protecting the tribal
4. what is discrimination on religion- is there any provision for other religion of scheduled tribe? why signal out Muslims
5. on limitation- 107 and 108- it applies equally to both sides is factually wrong- see S.6 proviso- there is limitation of 2 years if you want to challenge limitation of a dedication plus make out sufficient cause
Ahmadi: a muslim tribal is signalled out as he cannot make a dedication of waqf, interestingly Mr. SG said what stops him from making trust?
CJI: he did not make that argument in respect of S. 3E
Sr Adv Huzefa Ahmadi: two aspects- S. 3E-my learned friend said in future if any tribal can make dedication, it cannot in scheduled area- this is retrospective- because it affects prior dedication as well
2. he said this was meant protection for tribals- effect of S. 3E is- it does not protection right of scheduled tribal, but actually takes way the right under A. 25 and 26
3. this is meant to protect tribals from illegal alienation- the act does not prohibit transfer therefore, transfers can still take place
Advocate: after prophet migrated, he ordered his companion to decide orchard baghs...
Advocate: its a part of zakat
Advocate from J&K: I have read entire Quran...how its essential religious practice- waqf is arabic word- to hold- and the moment Muslim gives property, it becomes god's.