Waqf Amendment Act Challenge : Supreme Court Hearing On Interim Order | LIVE UPDATES

CJI: I will dictate the order

Adv for Chhattisgarh: Hear me for a minute...We are supporting the legislation...

CJI: I am sure there are....Hindus opposing the legislation 

SG: I will make a statement if any State not before the Court, if it makes an appointment it will be void

CJI: Even the waqf by user, if its registered under S.36 of the 1995

Singhvi: 3(C) proviso, they will not treat as waqf

CJI: Once we say the waqf, declared or registered, ..

Singhvi: that is the problem! waqf by user may not be registered 

SG: If your lordship we say something about waqf by user, it will have [consequences]

CJI: appointment of boards and councils, waqf in use already declared as registered in terms of S. 36 of 1995 and not in terms of 2025 Act...we don't want the position to change..parliament makes laws, executive decides and judiciary ....

Dwivedi: but Parliamentary is entitled to

CJI: Okay, fine no appointments to the Boards, Council, no change to registered waqf

Kumar: What is being today said, herein no waqf will be without registration..penalties were imposed in 1923, 1924

SG: My reading of provision is nothing can happen within a week, even if Gov wants to

J Kumar: we are not deciding the matter

SG: Your lordship is taking a harsh step...allow me to place within a week my preliminary reply with documents to show how this came into picture

CJI: Mr Mehta, we had a particular situation were infirminities are there. we said, there are certain positive things. let me say, somebody asked of complete stay, we didn't say anything. Today, we don't want the situation to change..there are provisions such as 5 years practice of Islam, we are not staying that...there is another thumb rule, normally, the situation prevailing today should continue to not upset the rights of parties. 

SG: I am respectfully urging, the questions are pertinent but the difficulty is, I am putting is candidly, there are not issues mylords consider staying on prima facie reading of some provisions, Mylords have to consider the history...we as Gov are answerable to people. villages and villages are taken as waqf. It is a considered piece of legislation. petitions were filed before assent 

SG Mehta: If your lordship is going to stay a statutory provision, it by itself is rare

CJI: just a minute

Hearing started.