Nearly 120 Pleas Challenging Provisions Of Waqf Act Pending Before Various Courts: Centre To Delhi High Court

The submission was made in an application moved by the Central Government seeking extension of time for filing response to a public interest litigation filed by BJP leader and Advocate Ashwini Kumar Upadhyay challenging the constitutional validity of various provisions of the enactment.

The Union has also submitted that a transfer petition has been filed before the Supreme Court by Upadhyay under Article 139(A) of the Constitution of India which is pending adjudication.

“Keeping in view the multiple petitions challenging various sections of the Waqf Act, 1995, it is essential for the Respondents/Applicants to ensure that a clear and consistent view is taken. This involves thorough examination of petitions, consultation/vetting by Government Counsels and discussions stakeholders, such as State Governments. It is submitted that Counter affidavits in most of the cases have not yet been filed,” the government has said.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta granted time to Central Government’s standing counsel Kirtiman Singh to take instructions on transfer and consolidation of all the cases, while listing the PIL for hearing next on July 26.

The court also granted two weeks time to Delhi Waqf Board for filing an impleadment application in the matter.

In his PIL, Upadhyay has sought a uniform law for Trust and Trustees, Charities and Charitable Institutions and Religious Endowments and Institutions. He has challenged the vires of sections 4, 5, 6, 7, 8, 9, 14 of the Waqf Act, 1995 as being manifestly arbitrary and irrational.

The petition also seeks a direction on the Central government or Law Commission of India to draft a “Uniform Code for Trust-Trustees and Charities-Charitable Institutions” in accordance with Articles 14 and 15 of the Constitution of India and publish it for public debate and feedback.

The plea further challenges the validity of provisions of the enactment by stating that while they are made under the garb of managing waqf properties, there are no similar laws for followers of Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism and Christianity.

Hence, it is against the secularism, unity and integrity of the nation, the plea argues.

Notice was issued in the PIL in April last year.

Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS