Will the Supreme Court clear the way for the Waqf law or will it be stopped? Hearing today

New Delhi. A comment by the Supreme Court regarding the Waqf law has increased the difficulties of the Central government. The hearing on the Waqf law was held on Wednesday in the country’s largest court. During the nearly 70-minute cross-examination, the petitioners presented their arguments against the Waqf law, while the central government presented its arguments in defense of the law. The Supreme Court asked sharp and tough questions to the central government regarding the Waqf law. The Supreme Court will hear this matter today as well and can issue an interim order regarding the Waqf law.

Before knowing what happened in the hearing held in the Supreme Court on Wednesday, what arguments were given and what reasoning was presented, let us know why the Supreme Court stopped itself from issuing an interim order regarding the Waqf law yesterday? Why did the court decide to continue the hearing before the interim order? Actually, the Supreme Court had decided to issue an interim order on the Waqf law.

The interim order was to come regarding three amendments
An interim order could have come on Wednesday regarding three amendments related to the Waqf law. The first issue is of denotification of Waqf by-user properties, the second issue is of the presence of non-Muslim members in the Waqf Board and the third issue is of the rights given to the Collector in the dispute of Waqf property. The central government appealed to hear its arguments before issuing the interim order and due to lack of time, the Supreme Court postponed the hearing of the Waqf law.

The hearing went on for about 70 minutes in the Supreme Court, which made one thing clear. The country’s largest court will issue an interim order regarding the Waqf law. Now the question is what will be in the interim order. Will the Supreme Court put a stay on the Waqf law, will the central government get a setback from the Supreme Court, will the petitioners get relief on the Waqf law.

CJI asked sharp questions to the Center
Many such questions are being raised before the order of the Supreme Court, but the Chief Justice’s sharp and tough questions to the Central Government during the hearing have cleared some picture. It is possible that after today’s hearing, the court may give an interim order regarding the three amendments of the Waqf Act. Number one – any major order regarding the amendment made in Waqf by User, number two – ban on denotification of unregistered property of Waqf by User, number three – ban on the provision of more than two non-Muslim members in the Waqf Board and number four – order on the rights of the Collector in the investigation of disputed properties of Waqf.

What arguments were given in the court?
Now let us tell you what arguments were given in the court regarding Waqf by User and what questions the Supreme Court asked the Central Government. First of all, Kapil Sibal said, ‘It is not that easy, Waqf was made hundreds of years ago, now they will ask for Waqf deed of three hundred years old property, here is the problem.’ On this, the Supreme Court said, ‘Why was Waqf by user removed, there are many old mosques. There are mosques of 14th and 16th century, which will not have registration sale deed. How will such properties be registered. If such Waqf is rejected, the dispute will last longer. We know that some misuse of the old law was done, but there are some genuine Waqf properties. If you abolish it, there will be a problem.’

In response to this, Tushar Mehta said that if a property is registered as Waqf property, then it will remain Waqf property. No one has been stopped from registration. Even in the first law that came in 1923, registration of property was mandatory. It was also mandatory in 1954, 1995. Changes were made in 2013, in that too registration was mandatory. Then the Supreme Court asked the question that if a property is Waqf by user and it is not registered then what will happen to it, what does it mean for a property to be in dispute, there was no provision for registration before the British, what will happen in such a situation, if a property is Waqf by user then what will happen in that situation?

The government said – Collector will investigate the properties
The government replied that the collector will investigate it and if it is found that it is government property then it will be corrected in the revenue records. If someone has a problem with the collector’s decision then he can go to the tribunal. Then the Supreme Court asked what will happen to the property of Waqf by user. Tushar Mehta replied that if it is registered then it is the property of Waqf, many properties are registered in the name of Waqf by user.

On the argument of the central government, the Supreme Court asked the question that one thing is correct that the properties of Waqf by user were misused, but on the other hand the Waqf by user property will also be correct. There are two aspects to this, we need your answer on this. The government replied that look at section 81. The tribunal is a judicial body. It has a judge and a person having knowledge of Muslim law. Judicial review has not been removed.

Interim order can come on three questions
Finally, the Supreme Court commented that whatever properties have been declared as Waqf by the court, they will not be considered as non-Waqf, whether they have been made Waqf by the user or not. The Supreme Court will issue an interim order after hearing the arguments of both the parties on three questions regarding the Waqf law. First question- Should Waqf properties be allowed to be denotified? At the center of this question are those Waqf properties which have been declared as Waqf by the court or not?
Second question- Should the collector’s rights be restricted in case of a dispute? The reason for this question is the new provision made in the Waqf law, which says that the collector will investigate any dispute arising over a Waqf property. This dispute is related to the settlement of government land or Waqf land. The important thing is that during the investigation, the Waqf property will not be considered as Waqf property. Third question- Is the entry of non-Muslims in the Waqf Board correct because the entry of non-religious people is prohibited in institutions related to other religions.

Entry of non-Muslims in the Waqf Board was termed unconstitutional
During the hearing, the petitioners termed the entry of non-Muslims in the board as unconstitutional. Kapil Sibal argued that under the old law, all the members in the board were Muslims. In the Hindu and Sikh boards also, all the members are Hindus and Sikhs. In the new Waqf Amendment Act, non-Muslims have been given place in the name of special members. This new law is a direct violation of rights.

Regarding Kapil Sibal’s argument, the Supreme Court asked the Central Government’s lawyer that according to this law, 8 members are Muslims. 2 judges cannot be Muslims. Then the rest are non-Muslims. The Central Government replied that then this bench also cannot hear the case. On this, the court objected and said, ‘What! When we sit here. We lose our religion. For us both sides are the same. How can you compare this with judges? Then why are non-Muslims not also kept in the Advisory Board of Hindu Endowments? Are you ready to give a statement before the court that there will be a maximum of 2 non-Muslims.’

The hearing will continue today as well
In response to this, the Central Government said, ‘I can record it in an affidavit.’ During the hearing, the court asked sharp questions to the Central Government. Even the Supreme Court has raised questions about the powers given to the Collector as per the new law. Now today there will be a hearing in the Supreme Court on the Wakf law. The questions of the Supreme Court will be answered by the Central Government. Now it remains to be seen what interim order the Supreme Court issues regarding the Wakf law after the reply of the Center.