Waqf Amendment Act Challenge : Live Updates From Suprem Court [Hearing On Interim Order -Day 3]
SG Mehta: P Ramareddy v. Andhra Pradesh referred: After final hearing that this may not muster under Article 14, mylords can strike down and it would be open for them to create waqf- Is it so egregious that it needs to be stayed today?
SG Mehta: I am saying- would that be a ground to stay when I have not given an opportunity to be heard? I could have filed statistics
SG Mehta: they can always create a trust
CJI: What is the nexus of not making application of Act to Scheduled VI? Instance, if lands were grabbed taking advantage of social backwardness, then?
SG Mehta: waqf is to Allah, it goes forever. for purpose of interim order, if found unconstitutional, it can be quashed. but if a waqf is there, it will be an irreversible situation. JCP says tribals may follow Islam but they have their separate cultural identity.
J Masih: Does not appear to be correct. Islam is Islam! Religion is the same..you projected, someone by misrepresentation taken land and it is void, it in itself will go.
SG Mehta: it is not difficult for anyone to raise proposition but merely because it could be argued does not mean it deserves to be stay of a validity passed statute by competent legislature
SG Mehta: I prepared note- it only contains law, no fact on the three issues earlier argued.
1. S 3(E)- for protection of tribes, scheduled tribes in scheduled areas are constitutionally protected class, sum and substance of judgments I referred is that its constitutionally protected class and courts have upheld it
CJI: In the bits of arguments, somebody rises and ...
Advocate: Direction was given by J Sundresh to mention before this Court- 25 April, 2025 order
CJI: We are only concerned whether 2025 Act should be stayed or not; proceed Mr Mehta
SG Mehta: will conclude in 10 minutes; Lordship had to hear 3 days which ex facie means nothing unconstitutional per se
Advocate: I have filed a petition for the Union and State to complete survey
Advocate: Had Union and State completed survey within 1 year, nothing sort of this has come...corresponding duty of state has miserably failed. They are trying to put Muttawalli in different light