Waqf Amendment Act Challenge : Live Updates From Supreme Court [Hearing On Interim Order]

SG Mehta: possession cannot be taken over by 3(C)-deliberately misunderstood argument- they said its manifestly wholesale capturing- generally, mylords don't entertain petition till the statute operations. Once statute operations, its effect will come. There cannot be academic challenge.

SG Mehta: unless, disputed

CJI: Disputes will have to come to the tribunal? In your view, according to proviso, the possession will not be taken unless considered by competent court

SG Mehta: yes, from this amendment, waqf by user is not permissible for creating waqf- prospectively any waqf created will be through registration. Past waqf by user is saved if registered.

J Masih: it continues to be waqf? possession continues and the waqf continues to be waqf except the characters is suspended?

SG Mehta: there is embargo

CJI: if you want to alienate the property?

SG Mehta: you can't, status quo has to be maintained

SG Mehta: See S. 85, 1995 Act and come to 3(C), 2025 Act- waqf will not be snatched- during the suit the character of waqf will only be suspended. S. 3(C) only corrects the revenue records

CJI: Shankarnarayan are you on this side? [respondent]

SG Mehta: even the community

CJI: don't take community argument, we will decide on law

It should be noted that the petitioners had argued that when the waqf is disputed by a private individual or gov, its character changes because it ceases to be a waqf during the determination process.

SG Mehta: Absolutely wrong to say S. 3(C) order final- it is subject to judicial review

SG Mehta: tribunal has all powers of the civil court; earlier it was like a revisional jurisdiction where some appeals could lie. Pls see clause 9 of S. 83-

CJI: earlier no provision for appeal?

SG Mehta: it was like a revision, now full fledged first appeal. I cannot be selective in reading, gov must assist fully.

CJI: Unless proceedings under S. 83 is taken to logical end, there would be no eviction?

SG Mehta: pls see [continues to read the section]