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

Dhavan: shirur mutt, 8 previsions were struck down- power of commissioner to appoint manager for religious affairs-struck down

Dhavan: unlike Article 25, Article 26 constitutes institutional right to denomination- we are concerned with that-

Dhavan: they are shaking very foundation of A. 25 and 26

Dhavan: essentially- shrir mutt said-

Dhavan: waqf is a institution close to the heart of the Muslim community...we may notice that waqf is thus interwoven with entire life and social economic of musalman- referring to judgment of SC

Dhavan: counter proceeds on ground that the amending act is only regulatory- the counter also mentions cash waqfs, corporate waqfs- they say creating waqf is indeed a practice in Islam but charity cannot be considered as essential part

Dhavan: In vedas, there was no temple, it was agni,vayu...if you ask me, temples are not essential if we go by vedas

Dhavan: JPC proceeded on the basis that its an integral part of Islam- what JPC does- waqf is not mentioned in quran- but several qur'anic verses tells its important, the practice directly comes from hadith. JPC never doubted it

Sr Adv Rajeev Dhavan: I will broadly answer at later stage about essentiality- Mr sibal already explained that charity is one of the five pillars of Islam...it becomes irrevocable

Sibal: if Hindu endowments are concerned, no non-hindu but for Muslims, there are non-Muslims. there is reservation made for non Muslims

CJI: Hindu there is a concept of mokesh

J Masih: they are all striving to go to heaven