Waqf Amendment Act Challenge : Live Updates From Supreme Court

CJI: during S. 83, the status of property changes? taken by gov?

Sibal: yes, and I have to go to the tribunal

[CJI records it]

Sibal: this will take 5, 10 years and even if in my favour, the nature of waqf goes

CJI records

Sibal: procedure in law is not prescribed as to what is the inquiry, when the report is submitted, the revenue records will be amended and Board will be given a direction to record that the property is no longer waqf property

CJI: revenue records and Board records will have to be amended?

Sibal: without judicial process; under 83 of 2025 Act-deals with constitution of tribunals- now once a 3(C), its not waqf- I become aggrieved and have to go to tribunal- but the gov will not have to.

Sibal: it says, he will conduct inquiry, "as per" if its gov property or not, the property will not be treated as waqf

CJI: during pendency, the waqf property can be taken away?

J Masih: without any declaration?

Sibal: there is no adjudicative process there

CJI: during pendency, whether they are entitled to take possession of property?

Sibal: we have to make a prima facie case and..irreparable injury will be done if these provisions will be activitated

Sibal: if gov, above collector, has to decide the provision between gov and the waqf, the injury is irreparable

CJI: finality to the decision of collector?

Sibal: officer above collector will give a report-timeframe for report is not set out- and while he is contemplating the nature of wafq changes- 3(C) proviso

Sibal: broadly, these are the issues.

CJI: for the interim relief; unless you make out a very glaring case [for interim relief]. otherwise presumption is regard to the constitutionality of legislation

Sibal: attempt to take over through creeping accusations

Sibal: S. 23-CEO is to be appointed by State Gov- he can be a non-Muslim

J Masih: its not mentioned non-Muslim

Sibal: earlier, specific mention that it has to be a Muslim

J Masih: under Central Council as well?

Sibal: yes, 7 [non Muslims]- all nominated- in a way they conceptually capture waqf

Sibal: right of management of waqf property- taken away becs these central waqf council [section 9]-majority members are non-Muslim

CJI: can be or will be? [records submission]

Sibal: 12 non-muslims and 10 Muslims on calculation and S. 14 composition of State Waqf Board; earlier elected previously-elected by various organisations -now all nominated