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The Supreme Court begins hearing a bunch of pleas challenging the Waqf Act

The Jazzbaat News Desk
Apr 16, 2025 05:52 PM
The Jazzbaat News Desk
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11 months ago Apr 16, 2025 05:52 PM

Congress MP, Imran Masood said outside the Supreme Court during the ongoing hearing petitions challenging the constitutional validity of the Waqf (Amendment), Act, 2025,

"There's a huge crowd inside the court room, it's difficult even to enter. The hearing has just begun, and I have full faith that justice will be served. We can't comment on judicial proceedings, but we truly believe that justice will be delivered from here."

 What Does SC Petition Say?

As per reports, the petitions before the Supreme Court have challenged the law and stated that the provisions of the 2025 bill have imposed "arbitrary restrictions on Waqf properties and their management, thereby undermining the religious autonomy of the Muslim community”.

"The amendments undermine property rights protected under Article 300A. By expanding state control over Waqf assets, limiting the ability of individuals to dedicate property for religious purposes, and subjecting Waqf properties to heightened scrutiny, the Act goes against the Supreme Court’s judgment that transferring control of religious property to secular authorities is an infringement of religious and property rights,” the petition added further as per LiveLaw.

 Advocate Barun Kumar Sinha Representing Hindu Sena Says Act Is 'Correct, Fair, In Line With Constitution'

Advocate Barun Kumar Sinha representing Hindu Sena said ahead of the Supreme Court hearing on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 said, "We have submitted an intervention, and Hindu Sena’s chairman, Vishnu Gupta, has expressed our full support for the amendment to the Waqf Act. The revisions are entirely correct, fair, and in line with the Constitution. Key changes, including those made to Section 3 and the removal of Section 40, are crucial, and we strongly back them. These amendments were absolutely necessary."

Hearing Begins; Waqf Issue Essential To A Faith, Says Kapil Sibal

Supreme Court Hearing On Waqf Amendment Act LIVE: A Supreme Court bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan is hearing petitions related to the controversial Waqf Amendment.. Reportedly, 10 petitions have been listed before the bench.

 'High Court Built On Waqf Property, We Were Told,' Says CJI Khanna

CJI Sanjeev Khanna said in the Supreme Court, "When we were in Delhi High Court, we were told that the High Court itself is built on Waqf property," as quoted by Indian Express

 Hearing Begins, Argument Between CJI And Senior Advocate

Abhishek Manu Singhvi said, '"Four out of eight lakh Waqf properties are user-generated, and can be affected by one stroke of the pen, as quoted by Live Law.

Countering, the CJI said, 'We don't want to interrupt. We've been told that the Delhi High Court is built on Waqf land... We're not saying all user-generated Waqf properties are wrong, but there's a genuine issue here," as quoted by Live Law.

Singhvi referenced the 118 Ayodhya judgment, saying it's a very old concept. 'Have you removed the basis? he asked. 2(r) is deleted, but can you remove the basis of the judgment?

See, practically, if 4 out of 8 lakh properties are affected; if I say Parliament is Waqf property, your lordship wouldn't accept it, but the concept itself isn't bad.

How Can State Decide Whether, & How I Am A Muslim Or Not & Eligible To Create Waqf? Sibal Asks

Kapil Sibal in the Supreme Court asks, how can the state decide whether I am a Muslim or not and hence, eligible to create a waqf?.

Central Waqf Council, Under 1995, All Nominees Were Muslim, Says Sibal

While arguing, Kapil Sibal says in the Supreme Court, "Central Waqf Council, under 1995, all nominees were Muslim. I have a chart of all Hindu or Sikh endowments; the nominees are Hindus or Sikhs – it's a direct violation."

"Don't mix; properties can be secular. Only the administration of property can fall for it; don't repeatedly say essential religious practice," said J. Vishwanathan whilereplying.

Waqf Amendment Act LIVE: CM Mamata Banerjee Accuses BJP Of Bringing Goons To Bengal Amid Murshidabad Violence

West Bengal CM Mamata pBanerjee speaking during a meeting with Muslim religious leaders to discuss Waqf (Amendment) Act 2025 stated, "BJP is bringing goons from outside the state... it is their plan. You people jointly foiled their plan on Ramnavami. You need to be alert. I would also like to say that there are traitors in every society... If BJP tries to incite in the name of Hindu-Muslim then you all have to play a role... Imam sahab should play a role. We want peace. 

Hearing Begins; Waqf Issue Essential To A Faith, Says Kapil Sibal

Supreme Court Hearing On Waqf Amendment Act: A Supreme Court bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan is hearing petitions related to the controversial Waqf Amendment.. Reportedly, 10 petitions have been listed before the bench.

Countering, the CJI said, 'We don't want to interrupt. We've been told that the Delhi High Court is built on Waqf land... We're not saying all user-generated Waqf properties are wrong, but there's a genuine issue here," as quoted by Live Law.

Singhvi referenced the 118 Ayodhya judgment, saying it's a very old concept. 'Have you removed the basis? he asked. 2(r) is deleted, but can you remove the basis of the judgment?

See, practically, if 4 out of 8 lakh properties are affected; if I say Parliament is Waqf property, your lordship wouldn't accept it, but the concept itself isn't bad.

How Can State Decide Whether, & How I Am A Muslim Or Not & Eligible To Create Waqf? Sibal Asks

Kapil Sibal in the Supreme Court asks, how can the state decide whether I am a Muslim or not and hence, eligible to create a waqf?.

 Supreme Court Arguments Commence with CJI and Senior Advocate Kapil Sibal

Kapil Sibal said in the Supreme Court, "Who is the State to tell us how inheritance will be in my religion?"

While countering Sibal, CJI Khanna said, "But in Hinduism, it does happen.. so Parliament has enacted a law for Muslims.. may be not like of the Hindus… Article 26 will not bar enactment of law in this case.. Article 26 is universal and it is secular in the fashion that it applies to all."

Continuing his opening arguments, Kapil Sibal said, "Please see section 3R of the Unified Waqf Management Act. Please see the definition of waqf. Waqf means the permanent dedication by any person showing or demonstrating…that he is practicing Islam for last 5 years. That’s why if I want to create a waqf I have to show I am practicing Islam from the last 5 years and how should the state decide whether and how I am a Muslim or not.. what is the contrivance here."

Waqf Issue Essential To faith, Says Kapil Sibal As SC Commences Hearing

Chief Justice Sanjiv Khanna asked the petitioners challenging the Waqf Act to first tell the court whether the case should be heard by the Supreme Court or it should be referred to the high courts.

In his opening arguments, said that the challenge involves an issue that is essential to a faith. He cited Article 26 of the Constitution that deals with freedom of religious denominations to manage their own affairs.

CM Mamata Banerjee Accuses BJP Of Bringing Goons To Bengal Amid Murshidabad Violence

West Bengal CM Mamata Banerjee speaking during a meeting with Muslim religious leaders to discuss Waqf (Amendment) Act 2025 stated, "BJP is bringing goons from outside the state... it is their plan. You people jointly foiled their plan on Ramnavami. You need to be alert. I would also like to say that there are traitors in every society... If BJP tries to incite in the name of Hindu-Muslim then you all have to play a role... Imam sahab should play a role. We want peace. Till the time we are here, we won't let anyone to divide Hindu-Muslim."

 Petitioner And RJD MP Manoj Jha Confident About SC Hearing

RJD MP and Petitioner Manoj Kumar Jha said “I believe the hon’ble Supreme Court will examine every aspect of this matter with seriousness. Our party is also closely watching this issue, whether it’s Article 25 or 26, the interpretation made by the government clearly reflects its intent, and I am confident the hon’ble court will recognise that intent while delivering its judgment.”

SOURCES: The Jazzbaat News Desk

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