The petitioners interact with the advocates on the Supreme Court lawn during hearing on the reasons that question the amendment of the WAQF Act on 21 May 2025. Photo Credit: PTI
The center on Wednesday (May 21, 2025) tried to dismantle the argument of the petitioners at the Supreme Court that the creation of “waqf” is a necessary religious practice in Islam and charity is not an essential part of any religion.
“Waqf is by its very nature a charity organization and any charity organization, whether under Islamic law or Hindu law or Christian law, has never been considered a necessary religious practice. Charity is part of every religion but not a basic religion. Indian girlfriend.
WAQF (amendment) The act of hearing live May 21, 2025
Against the Provisional Order to maintain the implementation of the WAQF Act (amendment) of 2025, General Attorney General Tushar Mehta, who appeared for the Center, he said that the law focused only on secular and administrative aspects of WAQF institutions without interfering.
“Articles 25 (freedom of religion) and 26 (minority rights to manage their religious affairs) enable state regulation of secular activities related to religion, including financial management and real estate administration to ensure transparency,” Mehta said.
The supreme legal officer said that the appeal argument that the long -term “WAQF user” practice was invalid by law 2025, said that the creation of WAQF was not compulsory in Islam, it was not in itself a fundamental right.
He argued that WAQF was only given the statutory recognition of previous WAQF laws. What was created by legislative policy could be taken by legislative measures with regard to the social situation.
“According to state laws dealing with Hindu foundations and Hindu religious institutions, many customs, practices and prathas have been deleted/abolished over the years, over the years.
Mr Mehta said that unregistered WAQFS were guilty of uncontrollable interventions, which led to the members of the Muslim community themselves demanded a curb in the form of mandatory WAQFS registration.
Mandatory registration of all WAQFs of April 8, the date from which Act 2025 came into force, and a “prospective rejection” of the creation of a new AUQAF (plural WAQF) via “WAQF user” did not create a Muslim community on its right to create WAQF, said.
WAQFS registration has been mandatory since 1923. Failure to comply was attracted by crime. The law officer stated that the court order postponed the invalidation of the WAQF user would provide a bonus unregistered “WAQF by a user” that resisted the law for more than a century.
The Government stated that Act 2025 did not require Mutawallis (WAQF real estate managers) to produce WAQF documents. They needed only details of WAQF, including the description of the property, income, expenditure and any written act “only if it was available”.
The law officer stated that the petitioners’ claim that a government official was asking whether the property of WAQF was a government land was “a judge acting in his own affairs” was simply absurd. The government worked through its officers. The argument that the officer would be partial would not stand if personal bias were shown on his role.
Mr Mehta stated that the appeal against the decision of the designated official could be made to the specialized WAQF tribunal, the High Court of the State and the Supreme Court.
Edition of intervention
He said it is the government’s duty to check WAQFS interventions on public land. The government in democracy held the land in trust for its people. WWAQFS registration was designed to bring them to the control framework to facilitate the audit, increase the documentation and formalize the WAQF management.
The “microscopic” number of two non -Muslims out of 11 in state plates and four non -Muslims out of 22 in the WAQF Central Council by law 2025 cannot be called penetration, Mehta said. The Common Parliamentary Committee concluded that the expansion of the composition of the state’s board of the state by non -Muslim members would ensure “wider representation and diversity in the administration of WAQF real estate”.
Mr. Mehta remembered the “courageous claim” of the petitioners that once WAQF was declared a protected monument, all religious activities will be stopped in it. “The 3D section only says that WAQF, which once declared a protected memorial, would not be used for any activities that are in line with its identity. If the area has been used for religious purpose, it will continue to be used for religious purpose,” he explained.
The law officer said that ancient monuments were the pride of the nation, but some of them were abused or changed by WAQF management to create space for shops, etc.
At the Bar of Act 2025, according to Section 3e on the creation of WAQFS outside the tribal or planned land, the general lawyer stated that these lands were protected by the Constitution.
The arguments will continue 22.
Published – May 21, 2025 22:22 is
