Waqf Amendment Act Challenge : Live Updates From Supreme Court

CJI: Let's see ex-officio and non ex-officio. 2 ex-officio-let's assume they are non Muslims, so except ex-officio, these would be only 2 non Muslims

CJI: how do you say there would be majority? Union Minister would be a Muslim or not

Sibal: he's ex-officio;

CJI: let us read category one by one... where does it say Union Minister would be non-Muslim; cabinet does not remain the same

Sibal: it does not remain the same for all endowments

Sibal: Even members of Parliament and Judges had to be Muslim- now, no reference to Muslims. Total Muslim members are 7 Muslims and 12 non-muslims- administration taken over

Sibal: S. 9 can have majority of non muslims- CENTRAL WAQF COUNCIL- 2013 and 2025 Act comparison

CJI: I didn't get your property

Sibal: it was waqf property which was left, S. 108 said once a waqf property always a waqf property and is given to the board for administration

J Masih: how does it go back if registered? every waqf had to be registered...any board no registered will have consequences now

Sibal: we have to go 3(C)- object to take over waqf property through legislative feit

Sibal: refers to S. 108 of 2013 Act- omitted in 2025 Act-all evacuee properties, gift of partition, is taken over by the gov

Sibal: I am only going through provisions which are per se violation.

Refers S. 3(E)-I have shown the list, they lose status- per se bad.

Sibal: don't allow them a procedure to vindicate my rights, until kingdom comes the matter will not be decided.

S.3(E)- kindly see- these are Scheduled Tribes with Muslim population-various States

CJI: all such waqf registered prior to this Act would not be effected..

Sibal: suppose there is dispute, what happens now? 3(r) and 3(C)

Sibal: Connect with S. 83 [tribunal]- if my property is not registered, I can't go to the tribunal- consequences is- takeover the community's property and don't allow them remedy and if aggrieved party goes to tribunal, 10 years passed- taken away-perpetiuty of waqf is lost