Sibal: AP Act, Tamil Nadu Act, Kashivishwanath Temple Act- in all- ex-officio members are Hindu- idea is I have to manage my religious affairs subject to public health, morality and public order. Just as educational institutes, religious minorities have to manage their affairs. This is not secular- the creation of waqf is not secular
Sibal: you appoint your own people
CJI: power is with the State Government
Sibal: scheme suggests you want to exclude us from every facet...I have given religious endowment Acts- even ex-officio members have to be Hindu
CJI: The Council- have they been given the role to interfere with religious administration?...they can only give advise
Sibal: directives also
J Masih: that's a different argument
Sibal: my request is, nothing should be done until your lordship hears it. Come to 14- State Waqf Board- Bodhgaya Act- its a place for two communities- Hindu and Christians- but non-hindus or non-christians can go their
CJI: word two members could have been preceded by 'at least' which would then allow your submission that it would be more than 2
Sibal: in every religious endowments, Hindu as well, there are only Hindus...same for Sikhs. Gurudwara Prabhandak Committee, there has to be sikhs
J Masih: 4 can be non-Muslim
Sibal: if we assume that well, its still a departure from the previous which says it has to be Muslim
Sibal: 12 non-Muslims
CJI: reads proviso, says maximum non-Muslim is 2
Sibal says that may not be correct reading
could is debating on interpretation of "Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.”
CJI: 8 minimum Muslims
Sibal: we are assuming they can appoint non-Muslims