Against the observation of the Supreme Court, that parliamentary status, such as the WAQF Act (amendment) of 2025, has a presumption of constitutionality, the petitioners described on Tuesday as a “creeping acquisition” of the Waqf real estate owned by Muslim community in India.
The bench of the main judge of India Bravai and Augustine George Masih has heard the petitioner of the whole day for their request for a provisional order to remain in law 2025, which came into force on April 8.
Main information on negotiations on the WAQF Act (amendment): May 20, 2025
“Today, you (petitioners) are just arguing for interim relief. You have to make a strong reason for interim relief. The assumption for the benefit of parliamentary law is the interest of constitutionality,” said the chief judge Gavai and addressed the head of the champion of Siber, the main advisor to the petitioner.
Mr. Sibal said that the assumption of constitutionality could be refuted if the disturbance of Prima facie was proven. The court could intervene and remain by law in the public interest, if its execution caused an irreparable injury, he said.
“Burdening minority rights”
“Changes 2025 are a ruse to capture Waqf. The government can acquire assets through a legislative dictators, which also without paying compensation, which is common in the case of acquisition. These changes directly interfere with the rights of the minority community under Article 25 (freedom of religion),”. “
Mr. Sibal noted how Section 3c of the Act 2025 gave a free hand to each encroacher to start the dispute. The dispute is investigated by a designated officer who is a government official or “government agent”. There is no timeline or procedure prescribed for investigations in the law. Noted the dispute of the IO fragment of the country would freeze the state of waqf of the whole property.
“This means that the existing use of real estate, be it schools, hospitals, funerals, community centers, etc., would have to stop immediately. There is also no reduction of demolition or a government that creates irreversible third -party rights in these real estate during the investigation period.
The head of the lawyer referred to the “subordination of” Muslim members in the WAQF administrative bodies by including non -Muslims. He pointed out that no other religious foundations, Hindu or Sikh, did not provide space for people of other vortex to drive their temples or gurudworas.
“Protection of inheritance may exist”
Mr. Sibal pointed out that the property of WAQF, which once announced a protected memorial or area under the Act on the preservation of ancient monuments from 1904 or ancient monuments and archaeological places and the remains of the 1958 Act, will become invalid as WAQF according to Section 3D Act 2025.
The Purpose of the 1904 and 1958 Acts is PresERVATION and Not Extinguishment or Alteration of Title. As drought, the Declaration of Property as an Ancient Monument Cannot Extlinguis ITS Identity or Character… Article 25 and 26 Institutions Can Coexe Fexexis with Heritage Presernation Statutes… There Are Many Examples of Sites WHICH HISTORICALLY BEEN BOTH WAQF AND PROTECTED AS ANCIENT or Archaeological Monuments … Changes 2025 are preparing a way for WAQFS to lose their character with a retrospective effect.
Senior defending champion Am Singhvi claimed that this “super-filling” of ancient laws on religious WAQFS monuments would have a ripple that was provided to them under the 1991 worship Act.
Unregistered waqfs
He argued that half of the eight lakh waqfs in the country is unregistered WAQFS by-by-use, which was effectively invalled by an act of 2025 because they were forbidden to approach court. Many of these age waqfs have no documents or deeds to support their identity, although they have been used for charity and religious purposes for centuries, he said.
The leader of the defending champion Rajeev Dhavan has submitted that the beliefs, practices and property that maintains them forms the boundary of religion. “Take them away, the whole secularism building will become suspicious,” he said.
“Discriminating Provision”
The petitioners stated that section 3e, which states that no land belonging to members of the planned tribes according to the VTH schedule or VITH institutes can be declared or considered as WAQF assets was discriminatory.
Mr. Sibal questioned the request pursuant to Section 3 (a). R) of the 2025 Act that WAQF can only be created “any person who shows or proves that Islam has practiced at least five years”.
“There are any detectable differences that would make me a Muslim? I don’t drink a liqueur or make five times a day …” asked the head of the huzefa Ahmadi.
Mr. Singhvi added that “a request for evidence of one’s belief was a discrimination based on religion”.
“The five -year period is arbitrary and imposes a condition that effectively suspends the ability of Muslims to exercise their fundamental rights in a way of their choice. It is a new and arbitrary threshold,” Sibal said.
“Better observance of regulations, not growth”
Mr. Singhvi claimed that the government’s claim to 116% “explosion” in WAQF real estate from 2013 to 2024 was aimed at the prejudices of the court.
“This data from the WAQF Assets Management System in India (Wamsi) does not indicate how many WAQFs existed in 2013. Similarly, data is not evidence of when a particular WAQF was established.
The center is expected to start its counter -arguments 21 May.
Published – May 20, 2025 20:06
