Challenge To Waqf Amendment Act 2025 : Live Updates From Supreme Court Hearing

CJI: it says, its dispute- what do you mean by that term? Before Court? Before Britishers, we dint have registration act. Now, many masjids are constructed in 13, 14 15 century. You require them to produce sale deed is impossible.

CJI: let us one thing- waqf by user is accepted prior to 1925, it is now declared to be void or no existing? be careful with your statement. if already established, will it be declared as void or continue to subsist?

Mehta: if registered [it will remain]

Mehta: Right by 1923, registration of waqf is mandatory- statutorily. even waqf by user cannot be unregistered. It was followed in 1995, where also, the waqf registration is mandatory. Mr Sibal points Mutawali will go to jail, he is going to jail since 1995

CJI: Mr Mehta, let's be clear when it comes to Hindus endowments, its generally Hindus

Mehta: come to my compilation, existing waqf by user, registered before 2025 Act, will remain as waqf properties. But if somebody say, we didn't register..except the properties only in disputes

CJI: why will it not remain a waqf property? let the civil court decide that 

CJI: we are only on waqf by user

J Viswanathan: don't give trust example, the most likely would be the Hindu endowments, it is the Hindu community administering it

Mehta: they are governed by whatever methods, but ultimately it is governed by statutory

CJI: give us an example

Mehta: Mylords, let's not go into [this]

Mehta: have a look at definition clause first, waqf by user- most contentious. let me make clear

CJI: are you saying if waqf by user established by judgment or otherwise, now it today stands void?

Mehta: what is presented is not correct statutory scheme. I am Hindu, I create trust, I say all trustee will be Hindu. administration will be with charity commissioner. In Islamic law, it is dedicated to Allah for charitable purpose. there has to be a waqif who settles the trust, he would say it will be governed by Mutawalli 

Advocate: So far Collector is concerned, it is in direct teeth of the three judgments

CJI: Mehta, we have three four questions

Mehta: you are dealing with a legislation, there was a constitution of JPC- it held 38 sittings, visited major cities, held consultation, looked at 29 lacs suggestions 

Advocate points out waqf has been declared as trust

CJI: Trust has some benefit 

CJI: Not required, we have heard you. we have got the broad parameters.

Advocate Huzefa Ahmadi: Firstly, on 3(r) three facets- firstly you change the definition. point 2, the expression 'practicing Islam' if this is essential religious practice, it has an effect of suspending fundamental rights for 5 years. Are they going to tell me, Mr. Ahmadi you don't practice five times a day? there is element of vagueness 

CJI: Don't argue on stay