Waqf Amendment Act Challenge : Supreme Court Hearing On Interim Order | LIVE UPDATES
CJI: I will dictate the order
Adv for Chhattisgarh: Hear me for a minute...We are supporting the legislation...
CJI: I am sure there are....Hindus opposing the legislation
SG: I will make a statement if any State not before the Court, if it makes an appointment it will be void
CJI: Even the waqf by user, if its registered under S.36 of the 1995
Singhvi: 3(C) proviso, they will not treat as waqf
CJI: Once we say the waqf, declared or registered, ..
Singhvi: that is the problem! waqf by user may not be registered
SG: If your lordship we say something about waqf by user, it will have [consequences]
CJI: appointment of boards and councils, waqf in use already declared as registered in terms of S. 36 of 1995 and not in terms of 2025 Act...we don't want the position to change..parliament makes laws, executive decides and judiciary ....
Dwivedi: but Parliamentary is entitled to
CJI: Okay, fine no appointments to the Boards, Council, no change to registered waqf
Kumar: What is being today said, herein no waqf will be without registration..penalties were imposed in 1923, 1924
SG: My reading of provision is nothing can happen within a week, even if Gov wants to
J Kumar: we are not deciding the matter
SG: Your lordship is taking a harsh step...allow me to place within a week my preliminary reply with documents to show how this came into picture
CJI: Mr Mehta, we had a particular situation were infirminities are there. we said, there are certain positive things. let me say, somebody asked of complete stay, we didn't say anything. Today, we don't want the situation to change..there are provisions such as 5 years practice of Islam, we are not staying that...there is another thumb rule, normally, the situation prevailing today should continue to not upset the rights of parties.
SG: I am respectfully urging, the questions are pertinent but the difficulty is, I am putting is candidly, there are not issues mylords consider staying on prima facie reading of some provisions, Mylords have to consider the history...we as Gov are answerable to people. villages and villages are taken as waqf. It is a considered piece of legislation. petitions were filed before assent
SG Mehta: If your lordship is going to stay a statutory provision, it by itself is rare
CJI: just a minute