Supreme Court hearing on Waqf Law: The petitions filed against the WAQF Act Amendment were held in the Supreme Court for the second consecutive day (Wednesday). On the second day, the Central Government presented its stand on the Waqf law. On behalf of the central government, Solicitor General Tushar Mehta firmly put the law on the law. The Center said Waqf is an Islamic concept, but it is not an essential part of Islam. The Center also said that charity is part of every religion, but the Supreme Court says that it is not necessary for anyone. The Center said in the Supreme Court that removing the condition of registration in the case of Waqf by user would mean to allow something that was probably wrong from day one.
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On Tuesday, senior advocates Kapil Sibal, Abhishek Manu Singhvi and Rajiv Dhawan argued on behalf of the petitioners. In front of the bench of Chief Justice Bhushan Ramakrishna Gavai and Justice Augustin George Christ, SG Tushar Mehta responded to the objection of the petitioners, stating that the new Waqf law violates Articles 25 and 26 of the Constitution.
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According to the report of the Bar and Bench, SG Tushar Mehta said, ‘I did not know about this part of the religion of Islamic concept until I did research, but it is not an essential part of Islam. He said that the concept of charity is present in every religion. Even in Christianity, but the Supreme Court says that it is not necessary for anyone. SG Tushar Mehta said that there are things like donating among Hindus and the same is in Sikhism, but in any religion it has not been said to be necessary.
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SG Mehta said that if the financial situation of most people of the Muslim community is not very good and they are unable to do waqf, will they not be Muslims. This is a test conducted by the Supreme Court, to determine whether a practice is an essential religious practice. He said that it is not necessary to do charity in any religion, similarly there is Waqf in Islam.
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Earlier, SG Tushar Mehta said that we have consulted 97 lakh people to amend the Waqf Act. The petitioners do not represent the entire Muslim community. From 1923 to 1995, there was a system that only Muslims could have waqf. A law was enacted before the election in 2013 that anyone could do waqf. SG said that opinion was taken from 25 Waqf boards, many of whom came and spoke themselves. Apart from this, state governments were also consulted. Tushar Mehta said that “Every clause of the amendment was discussed in detail. Some suggestions were accepted, while some were not considered.
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During the hearing, Justice BR Gavai questioned that he argues that the government will decide its claim in this matter itself? To this SG Mehta said, “It is true that the government cannot confirm its own claim. The initial bill said that the collector would decide. The objection was that the collector would be judges in his case. So JPC suggested that anyone other than the collector should be made the nominated officer.
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SG Mehta said, “The government keeps the land as trustees of all citizens. Waqf is based on use- that is, the land is of someone else, but the user has used a long time. In such a situation it is necessarily either private or government property. If a building is on government land, can the government not investigate whether it is its property or not?” The same provision has been made under Section 3 (C).
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