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

Arguments completed, judgment reserved.

Advocate mentions how a whole village has been declared as waqf:

Native Of Tamil Nadu Village Claimed As Waqf Land Approaches Supreme Court Supporting Waqf (Amendment) Act 2025

Ahmadi: last aspect, S.2 and proviso-if you register the waqf as trust, you dont have to suffer the rigours of the act- the object of the waqf act is not to discourage the Muslims to not register a trust- you are indirectly telling them to register a trust and not a waqf, whole idea is to discourage them

Ahmadi: limitation under 107 is absolute, and 108 is omitted- declaration for evacutee property is 100 years old- today if I want to challenge a declaration made in 1955, that will be hit by 107. I will have no remedy

Ahmadi: so tribal can still register waqf as trust, so how are you subserving the argument of protecting the tribal

4. what is discrimination on religion- is there any provision for other religion of scheduled tribe? why signal out Muslims

5. on limitation- 107 and 108- it applies equally to both sides is factually wrong- see S.6 proviso- there is limitation of 2 years if you want to challenge limitation of a dedication plus make out sufficient cause

Ahmadi: a muslim tribal is signalled out as he cannot make a dedication of waqf, interestingly Mr. SG said what stops him from making trust?

CJI: he did not make that argument in respect of S. 3E

Sr Adv Huzefa Ahmadi: two aspects- S. 3E-my learned friend said in future if any tribal can make dedication, it cannot in scheduled area- this is retrospective- because it affects prior dedication as well

2. he said this was meant protection for tribals- effect of S. 3E is- it does not protection right of scheduled tribal, but actually takes way the right under A. 25 and 26

3. this is meant to protect tribals from illegal alienation- the act does not prohibit transfer therefore, transfers can still take place

Advocate: after prophet migrated, he ordered his companion to decide orchard baghs...

Advocate: its a part of zakat

Advocate from J&K: I have read entire Quran...how its essential religious practice- waqf is arabic word- to hold- and the moment Muslim gives property, it becomes god's.