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

CJI: Sajjadanashin can be a mutawalli?

SG Mehta: if delegated with power, he's like Pujari. If appointed as Mutawalli, he would perform his duties not the religious duties

CJI: Mutawalli would be Muslim?

SG Mehta: may or may not be

CJI: Power to appoint mutawalli is with court?

SG Mehta: with the Board

CJI: mutawalli is appointed by waqf, what is the grievance?

SG Mehta: they say with non-Muslims, it interferes with the religious affairs

SG Mehta: Sajjadanashin* office is spiritual office- Act does not deal with essential religious practice of Islam

SG Mehta: question is: would this be a case of stay? If two non-Muslims are appointed, no prejudice would be caused.

Maharashtra Public Trust Act- reads definition of trust-included waqf

In case of waqf religious in nature- Sachidanand and Muttawalli- administrator of waqf- none of the provisions deals with Sachidanand who actually deals with the religious affairs

SG Mehta: even waqf used to be under administration of non-Muslim charity commissioner

SG Mehta: Temples, which are purely religious unlike waqf, the administration could be under Muslim

SG Mehta: four or five States have specific religious endowments act, rest States are governed by secular acts

SG Mehta: another thing- In bombay and Gujarat- Bombay and Gujarat Public Trust Act- all temples are governed by Bombay Public Trust Act- charity commissioner can be Muslims

CJI: they have been

SG Mehta: non-Muslims can be aggreived, affected or beneficiary- the reason why non-Muslims have been included.

SG Mehta: Ministry of Minority Affairs- changes in composition which is only advisory body supervising secular activities don't impair rights of Muslims

Central- 22 members, maximum 4 non Muslims

Waqf Board- 11 members, maximum 3 can be non-muslims if ex-officio is non Muslim, there maximum 2