Waqf Amendment Act Challenge : Live Updates From Supreme Court

Ahmadi: S. 3(D) requires absolute stay

Court will continue hearing tomorrow.

Ahmadi: how will you determine if a person is follower of Islam Can someone ask me if I pray 5 times a day?

Ahmadi: through interim order, the suits under Worship Act has been impeded ,but it will get resurrected

Ahmadi: Article 15 is important that it singles out only one particular community

Ahmadi: S3(D)- contextually the history has been explained, 1904 and 1954 has listed various properties including ancient mosque- all gets obliterated

Sr Adv Hamadi: two aspects- S. 107- evacutee properties are out-by virtue of S. 107, if I want to challenge any declaration of evacutee, it is hit by limitation Act

Singh: 2025 by the other provision- 3(C) and S. 36- entire waqf vanishes- very egregious

Sr Adv CU Singh: want to answer one aspect- mandatory registration requirement- 1923- requirement came for declaration to courts and S. 5 requires accounts to be maintained. S. 10 of 1923 Act, the penalty was Rs. 500 for mutawali for failure of that and Rs. 2000 for subsequent

1954 Act- chapter 4- registration of waqf by mutawalis- S. 41 penalty for non-registration and subsequent the removal of mutawali

1995- S. 36 registration of waqf, S. 61 for penalty to Mutawali- fine of Rs.10,000

even today, the penalty increased to non-registration to Rs. 25,000 but there is no consequence of non registration

Singhvi: this increase of properties- counter say- huge surge in waqf properties- a. loading on portal for listing started in 2013- that is pointed in my rejoinder, it was populated eventually- they are considering updation exercise as increase in property

Singhvi: recent on Article 300A, authored by CJI Gavai- imp point is the Lordships made it a point to stay what must imbude the interpretation approach, what is the effect for expropriatory provisions