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

SG Mehta: refers to S. 83 [definition of tribunal]

CJI: picture that is being painted, once Collector initiates entire, it ceases to be waqf and once inquiry is completed, the property will be taken over

SG Mehta: there are statutory provisions, if the title is not determined, we have to go for suit.

J Masih: according to you possession continues unless the recourse is taken?

SG Mehta: yes, was waiting for them to show

CJI: do you expect it in this court?

SG Mehta: three came from HCs, so

CJI: even here selective readings

SG Mehta: it will be open for affected parties to approach the waqf tribunal, final determination of title would be decided by tribunal or in appeal by the High Courts

SG Mehta: argument repeatedly is the wholesale takeover of waqf...but it is only that through revenue records, it will come to notice that the property belongs to the Gov

reads affidavit- Designated Officer is not making a final determination of property- only the revenue records will be updated

SG Mehta: only consequence is revenue and Board records will be corrected

CJI: only consequence is correction?..what is the purpose it will only be paper entry

SG Mehta: gov will have to file a suit for title, I am reading my affidavit. In all fairness, the affidavit should have been brought to the notice

SG Mehta: the argument against the Collector was that he would be a judge in its own cause, therefore JPC decided an officer above Collector- what is the intent?

If the mylords want to delete it, delete it

CJI: entire section?

SG Mehta: only the proviso

CJI: their case is about entire section

SG Mehta: there is supreme court judgment which says gov can save the property if it belongs to gov and has been declared as waqf.

2. waqf by user- by long usage- necessarily a private or gov property is used for a long period. How to decide if its gov land or not? Suppose there is building which can be gov property, the question is can the gov not examine? i am holding in trust for crores of people

CJI: Their argument is officer above the collector, gov officer is deciding its own claim and giving finality to that

SG Mehta: not just misleading but false argument

SG Mehta: if you have registered as waqf by user, it is safe. Its prospective. With 2 exceptions- 1. property is in dispute [private/gov]

kindly appreciate, we are dealing with waqf by user. First category of property is that I dedicated to Allah. Nobody has a right over the gov land, because the entire country would then be the owner of the land and the gov holds the property in trust.

SG Mehta: positive thing we added- waqf alal aulad- the children initially did not include daughters, widows- we introduced for the first time. not under challenge, fortunately.

SG Mehta: [says he will refer to section by section which are under challenge]

1. 3(r)- 2013 amendment- interesting amendment came just before general elections- where any person can create waqf

SG Mehta: reads the JPC- these are State Governments consulted-pg 11, para 24- 25 waqf boards were consulted. Clause by Clause, JPC records which clause is agreed by waqf Board or not...voluminous report was prepared-some suggestions accepted or not accepted. When suggestions were made to amend the sections, the Bill was then tabled and passed with unprecedented majority