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

Sr Adv Kapil Sibal: All that 3C does it to change revenue entry, I continue to be in occupation and I will not be evicted and they don't determine any substantive right- let's read 3C

hearing begins.

court will begin the hearing soon.

Court will hear petitioners in rejoinder.

Sr Adv Guru Krishnakumar for Waqf Board- S. 32 where Board while exercise powers has to act on wishes of waqif and then, S. 96 and 97, specific powers to Central Gov to make directions and S. 97 for powers to State Board has proviso that the directions must be...

Sr Adv Gopal Shankarnarayan: 280 ASI monuments were claimed to be waqf...the second issue, S25(2)(a) the state can make law economic, political etc and if they claim its religious practice, the scope of judicial review- the issue is referred by nine-judge

SG Mehta: I am not supporting this argument

Gopal: for interim, shrur mutt has be questioned, these questions will have to be decided before this matter is decided

SG Mehta: CEO appointed, earlier the provision was he has to be a Muslim- now he can be anyone. Its giving more leeway for the purpose of selection. Its an enabling provision does not restrict the appointment.

SG Mehta: But S. 38- executive officer has to be Muslim because he would be in the waqf itself. CEO is the state level body CEO which has functions like framing schemes etc- enabling provision not mandatorily ..

one judgment, this court said that waqf board is a state within A.12 and therefore, there cannot be an argument it comprises of A or B community

Kumar: My friend referred to 2022 Andhra Judgment- and there is judgment of Rajasthan

first judgment AP Industrial Corporation- there was waqf 5,000 sq yards which included some of their factories, the writ was filed in HC. Writ was not allowed, they came to SC- 5,000 became 16,000 sq ward this is the extent

In 500 acre given for mining in Raj, suddenly petition filed that its waqf by user and therefore, the area is protected. Inquiry found what is being said is wrong, this is not the way to declare it as mosque

Kumar: on omission of S. 40- adjudicatory power given to Board to make anything declared as waqf and the person has to go to the tribunal to get it rectified and it also introduced property under S. 3 of the Trust Act

Kumar: chapter on waqf- pg 199- point 176- property dedicated by waqf must belong to waqif at the time of dedication. It cant be any other property except for the persons who owns it

Kumar: adopts argument of SG on who could create waqf

Sr Adv Ranjeet Kr, for Tribal Org and State of Haryana-

CJI: Are you registered org?

Kumar: Yes, first one- Article 26(d)- 1995 Act is for better administration of waqf- act is completed save in Article 26.