New Delhi:
Hearing a raft of petitions challenging provisions of the Waqf (Amendment) Act, the Supreme Court on Wednesday posed a series of questions to both the petitioners and the Centre.
Here Are Some Of The Key Quotes From The Hearing:
- “We are told Delhi High Court is built on Waqf Land… We are not saying all Waqf by user is wrong, but there is genuine concern,” Chief Justice Sanjiv Khanna told Senior Advocate Abhishek Manu Singhvi, appearing for the petitioners.
- “How will you register such Waqfs by user who have been there for long? What documents will they have… It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments as well. Waqf by user is recognised. If you undo it, then it will be a problem,” the Chief Justice said to Solicitor General Tushar Mehta, appearing for the Centre.
- During one exchange, Justice Khanna noted, “When a public trust is declared Waqf 100 or 200 years ago… suddenly you say it is being taken over by the Waqf Board and declared otherwise.” Mr Mehra intervened and said that it means if one has a Waqf, it can be made into a trust and there is an enabling provision for it. The Chief Justice then remarked: “You cannot rewrite the past!”
- Another exchange occurred when the Chief Justice said, “So, as per the Act, eight members are Muslims. Two may not be Muslims. Then the rest are non-Muslims.” Solicitor General Mehta then remarked, “Then this bench also cannot hear the case”. CJI Khanna retorted: “What? When we sit over here, we lose our religion. For us, both sides are the same. How can you compare it with the judges? Why not have non-muslims also in the advisory board of Hindu endowments then?
- “Are you saying that, from now on, you will allow Muslims to be part of the Hindu endowment boards. Say it openly,” the bench said.
- “You are dealing with legislation. There was a joint parliamentary committee. 38 sittings were there. It visited many areas… it examined over 98 lakh memoranda. Then it went to both Houses and then the law was passed,” Solicitor General Mehta told the court.
- Agreeing to hear the matter again at 2 pm on Thursday, Chief Justice Khanna said the violence that took place during protests against the Act was disturbing.
