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

Sibal: this is a constitution bench judgment that even without deed or declaration, waqf by user can be recognised.

CJI: you are saying there is direct judgment which says registration is not necessary?

Sibal: yes

Sibal: says Union's argument based on misunderstanding that waqf by user is made on non-waqf by user property

Sibal: I said I have an answer why they did not register- because it was a state's responsibility now they say since they did not register, its community's fault. You cannot take advantage of your own wrong through legislative fiat

Sibal: [reads his rejoinder on survey not completed] says Gujarat, Uttarakhand not completed survey. does Gujarat, Uttarakhand does not have waqfs?

CJI: even provision of law says other particulars could have been provided

Sibal: there is no limitation that applies to them- they say its my property

CJI: we will consider that

Sibal: community goes to the gov and says we need a burial ground, gov itself allots it. its used for 200 years, and after 200 years if they say limitation applies for commercial purpose...once it is used for burial, its for religious purpose

SG Mehta: this is in WAMSI portal...

Sibal: this is not fair, I didn't interrupt

CJI: pls try to cooperate; Tamil Nadu, Punjab,

Sibal: kindly see the latest WAMSI report

Sibal: kindly take vol 1 of preliminary counter- Telengana- zero; J&K- zero! whose fault? the commisser didn't do his job

Sibal: [refers to his note]- statutory consequence of non registration from 1923, 1954 and 1995 is not to take way the title

says 1995 act put onus on states to register because it was found that in 1923, that muttawalli were treating properties as their own.

adds from 1994-2013, only one state completed the survey, whose fault? mutawalli? what is this going on? community will be deprived because states did not complete survey? per se expropriatory

Sibal: 2 waqf registered in delhi, zero in J&K- their data. why this happened? 1995 elaborated procedure- nothing done. no state acted. In 2013, they said survey must be over in one year.

the failure of state gov to not do their job from 1954 to 1995- because of this the community will be punished- that's the argument