Waqf Amendment Act Challenge : Live Updates From Supreme Court

Singhvi- sixth- look at the language in the Rakesh Vishnav judgment- para 10,11 and 14- refers to stay on farms laws

Singhvi: a monument which is protected under Places of Worship Act can be declared under notification under S. 3(D)

Singhvi: 5. ancient monuments- 3(D) would circument places of worship Act- superimposing the 2025 in the Ancient Monument Act can affect those protected under the Places of Worship Act, 1991

Sr Adv Singhvi: 1. 3(r)- proof of practising islam and delightful word 'contrivance'- vaguested, arbitrary and endless visits to gov offices

2. all religious make religious endowments- which other religion is asked for proof of that religion for professing or practising

3. Article 15- this violates Article 15 on grounds of religion textually

4. access to court point- vicious cycle that once it ceases to be waqf, you cannot seek remedy- S.3(C)

Dhavan: Refers to TM Pai- establish and administer- those rights stated way back in 1954 that no legislation can take away

Dhavan: I adopt rest arguments. This Act is in teeth of a large number of constitution bench decision including Babri Masjid

Dhavan: Article 26 and 29- right to preserve culture- preserve on basis of belief, properties which sustains- entire secular effidice will also become suspect

when you justify these changes, what are the justifications? doctrine of proportionality- where is it? they say better effective management and they say, certain persons were not registering as waqf by user- if you have to achieve certain goals- there has to have nexus. Where is the proportionality?

Dhavan: Ratilal judgment- if trust is similar to waqf, charity commissioner will not appoint but the waqf Board- this has been removed

J Masih: you are trying to say any trust would not be waqf?

Dhavan: similar to waqf will be treated as waqf. Mr Sibal indicated, never happened, we go to British India and elsewhere, waqf nature not changed. No religion can survive without belief etc..this goes to the heard. We are a secular nation, one of my clients happened to be sikh- he says I want to contribute- issue goes fundamentally to secularism.

Dhavan: S. 104- omitted,

reference made to. 23 of 1995- 12 sections which deals with powers, duties and responsibility of CEO- CEO doesn't need to be Muslim

S. 2-proviso in 2025- judgment after judgment indicated that waqf can be in a form of trust, earlier Board decided if it was waqf or trust- Right from Ratlilal- if objectives were similar to waqf, it will be treated as waqf

Sibal: they made submission, after amendment in 2013, there is 1600% increase- we have answer to that- Sr Adv Singhvi will deal

Sr Adv Dhawan: Traditionally we joined the bar, there was no mic and we were trained to speak without it

CJI: even without mic if Sr Adv Ranjeet Kumar is arguing, we can hear