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

Sr Adv Abhishek Manu Singhvi

1. the time and again, the law granted it and law takes away- laws cannot act like lords! its a fundamental fallcy on concept- legislation does not create waqf by user, it recognises it. Very fundamental point is conceptually wrong because you are not the creator

2. recognition of Islamic concept is not by legislation but a part of corpus

Dhavan: doctrine of proportionality requires least invasion approach- but can it be to destroy the concept?

Dhavan: I invoke the doctrine of "direct and inevitable effect"

Dhavan: in all scheduled area, 2011 census, indicated the extent of Muslims in that area- now we are talking of V scheduled area as well

Dhavan: Places of Worship Act which are protected area, the protection will go

Dhavan: evacutee property is gift of partition- what happens now? eliminated from the concept of waqf, apart from arbitrariness, it eliminates waqf as concept

Dhavan: waqf by user recognised in Babri masjid gone; question on scheduled area- learned solicitor argued its a constitutional classification but its regards area. but can you say to a Muslim in that area that you cannot create waqf?

you fundamentally altered the waqf prospectively or retrospectively

Dhavan: my right to formulate a trust as recognised in Ratilal is taken away. You have liquidated the doctrine of waqf irrevocably

Dhavan: doctrine in charity-Ratilal said the charity commissioner cannot even appoint a manager.

I have a choice if I want it in a form of trust or waqf

Dhavan: no outside authority has any right to say that these are not essential parts of right