Waqf Amendment Act Challenge : Live Updates From Suprem Court [Hearing On Interim Order -Day 3]

SG Mehta: in every trust act, there is such provision. Earlier, limitation act was not applicable either for or against trust- now we said, it will apply. If I have to file s suit, I will have to go...suppose, I am an unauthorised encroacher, they will have to come. I am posing a question- if limitation act applies to all country, would this be a ground of stay?

SG Mehta: this came in 1995 and deleted in 2013- this kind of provision that non-registered will not be able to litigate is not something novel- copy-paste of S. 31 of Bombay Public Trust Act

SG Mehta: 1976 Committee said there is rampant mischief by non registration- an amendment came and parliament passed law in 1984 but it was not notified- this came as S. 87 to ensure that waqfs are registered. He used very harsh words- this was deleted in 2013

SG Mehta: If Hindu wants to create mosque, why create waqf when you can create trust for public charitable purposes

SG Mehta: 1995 Act brought, Syed Ahmed Committee...

Sibal: In 2010, there is judgment by J Singhvi that non Muslims can create waqf

J Masih: but it was limited to the person professing Islam

SG Mehta: if I am a hindu and really want to create waqf, I can create trust. I can create mosque for charity purpose

J Masih: it says no immovable property can be donated how does it cover you?

CJI: was this brought in 2013, removed in 2025

SG Mehta: from 1923 to 2013- any Muslim can create waqf, in 2013- any Muslim was deleted and any person was inserted

SG Mehta: it does not deprive non-Muslim to donate to waqf-this is also why 5 years- you have to show you are Muslim do that you don't use this device of waqf to defraud- this accepted 102 years ago and the menace continues

JPC says if you have faith in waqf, donate it. See S. 71 referred- "donations in cash or kind"- I am a Hindu, i can donate to waqf

SG Mehta: Pls see S. 104 [now deleted in 2025 Act] - in 2013, non-Muslims were allowed to create waqf- in 1923, it was said it was used to defraud creditors- by virtue of 104, I would create waqf and by senior who had to execute a decree to recover from me, now he cannot

SG Mehta: I am unable to go purchase the land of tribals because state law restricts. If I create waqf and mutawalli does what he wants..mylords can always strike it down. Pls bear in mind if the provision is so atrocious that it needs to be stayed