Waqf Amendment Act Challenge : Live Updates From Supreme Court

Sibal: the fundamental theme for waqf is- its my property- I cannot create waqf unless its my property this is taken away through legislative dictate.

refers to S.4 of 1904 Act-

Sibal: it does not have any religious tone to it, a religious structure can be ancient monument- the intent was to preserve but in 3(D) of 2025 Act, they say the moment there is declaration of ancient monument, it ceases to be waqf- how do you defend something like this?

Sibal: THE ANCIENT MONUMENTS PRESERVATION ACT, 1904: definition of ancient monument referred-intent was never to interfere with the religious minority

Sibal: never seen an act so generous to a community as this

Sibal: Taj Mahal is a protected monuments- at the time of declaration- the provision operates retrospectively they lose all their character

Sibal: refers to 3(D)

Sibal: mutawali provision- he has to also produce deed of waqf

Sibal: "(b) the name and address of the creator of the waqf, mode and date of such creation;" how will people have that? waqf created 200 years ago

SG Mehta: waqf by user may not have a creator

Sibal: that's preciously the point, if I don't give the mutawali will go to jail for 6 months

Sibal: S. 3(B) more problematic-

Sibal: who becomes the aggrieved party? I

under S. 83, i go to the tribunal- an executive decides in its own cause and the waqf is taken away- its manifestly unjust and arbitrary