'You cannot rewrite the past': 10 major remarks about the Supreme Court during the WAQF Act hearing today | Today news

The Supreme Court began on Wednesday, April 16, with the hearings on the pleas that the WAQF (Amendment Act, 2025, disputed, with concerns about property classifications and heritage laws. A Bank of Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan heard no interim on Wednesday. and will be heard again on Thursday, April 17, the Waqf (Amendment Act), 2025, came into effect. of parliament, political parties, states, etc. Legislation supported. The center filed a warning to the Supreme Court on April 8 requesting that no orders be passed without hearing his side. Here are ten major observations by the Supreme Court of India during the argument Wednesday: 1- During Wednesday’s arguments, CJI Khanna expressed concern about how some properties were classified as WAQF. “We said that the Delhi Supreme Court building is on Waqf land, Oberoi Hotel is on Waqf Land … We do not say that all properties for WAQF-by-user have been wrongly registered, but there are also some real areas of concern,” said Justice Sanjiv Khanna. ‘Waqf by the user’ refers to a practice where a property is recognized as a religious or charity expansion (WAQF) based on the long -term, uninterrupted use for such purposes, even if there is no formal, written statement by the owner. 2- Senior Advocate Kapil Sibal, who appeared for the requesters, began to read the sections of the new law under challenge and said, “Who is the state to tell us how heritage will happen in my religion?” He argued that heritage was only after death in terms of Islamic law, and the government has now tried to interfere. ‘Heritage in Islam was after death’ CJI Khanna responded to Sibal’s remarks and said: ‘But in Hindus it does … So Parliament has made a law for Muslims. Maybe it’s not like the law for Hindus. Article 26 will not in this case in this case in the manner of the Laws of the Laws Act, according to the Legal News, according to the Legal News, according to the Legal News. However, Sibal opposed and said: ‘Heritage in Islam is after death. They intervened before that. ‘ 3- During his arguments, Sibal referred to the provision (Article 3C) that a property identified as a government property would not be a WAQF property and that the government’s authority would decide the dispute. Sibal then went to Article 3D that invalidated the creation of WAQF on ASI-protected monuments. The CJI pointed out that according to the provision, if the property was a protected monument at the time of the creation of a WAQF, such waqf would be invalid. “How many of such cases will be there?”, Cji Khanna asked. “JAMA MASJID,” Sibal replied. However, CJI said that the JAMA Masjid was later notified as a protected monument. “By my reading is the interpretation in your favor. If it is declared as a waqf, before it was declared an ancient monument, it would make no difference. It will remain waqf, you should not object, unless after being protected, it cannot be declared as waqf. Most of the monuments, the antique mosques, will not be hit by this A muskate, not by this clause, “The CJI said, if, as a Moscees, it will not be by this clause,” the CJI said, if, as a moss, it would not be by this clause, “the CJI said, as, as a moss. Non -Muslims in the Central Waqf Council and the state Waqf Boards. He said such terms allow a “complete takeover of the boards by nomination”. Sibal also raised objections to the provisions commissioned by registration. “What’s wrong with that?”, CJI asked. Sibal said WAQF-by-by-user can currently be created without registration. “You can register a WAQF that will also help you maintain a register,” CJI said. Justice Viswanathan also said, “If you have a deed, there will be no false or false claims.” “They will ask us if a waqf was created 300 years ago, and to produce the deed. Many of these properties were created hundreds of years ago, and there will be no documents,” Sibal said. Sibal added that when the British came, many WAQF properties were incurred in the register as belonged to the Governor General, and after independence, the government made a claim on such properties. Concerns about WAQF-by-user, 5-lawyer-general of India Tushar Mehta for the Union, emphasized that the law was issued after an extensive exercise by the joint parliamentary committee. He emphasized that both houses of Parliament passed the bill after a long debate. While the arguments continue, CJI pointed out the provision regarding disputes with the government and asked why the property should not be considered a WAQF until the dispute was decided. “Why wouldn’t it remain a WAQF property? Let the Civil Court certainly,” CJI said. ‘Mr. Tushar Mehta, tell us. Waqf-by-user, is it now declared a void or non-existent before the 2025 law? ” CJI asked. Many Masjids built the 14th or 15th century ago. 6 The CJI also sought clarity on the conditions – that the property should not be in “dispute”. “Before the British came, we had no registration. Many of the knife are created in the 14th or 15th century. Requiring them to produce a registered deed is impossible. Most of the cases, says Jama Masjid Delhi, will be the Waqf Waqf-by-user,” CJI said. “What prevented them from registering?” SG asked. 7- The CJI also questioned the SG on the provision inserted to Article 2A, which says that a trust property will not be covered by the WAQF Act, despite any judgment of the court. “The legislature cannot declare any judgment or decision of the court as void; you can remove the basis of the law, but you cannot declare no judgment or if not binding,” CJI said. 8- CJI Khanna also asked about the provisions of nominating non-Muslim members after the nomination of nomination of nomination of the nomination to WAQF board. “When we sit here to judge, we lose our religion. We are talking about a board that manages religious matters. Let’s say in the Hindu temple, everything is Hindu in the Governor Board. How do you compare to judges? ‘ CJI asked. You cannot rewrite the last 9- the CJI has also expressed concern about the provision to Article 2A. You can’t rewrite back in the last 100 years! – CJI Khanna “Where Public Trust was declared Waqf, says 100 or 200 years back, you turn around and say it’s not waqf … you can’t rewrite the last 100 years!” Said CJI Khanna. 10- CJI Khanna condemned the violence after the collapse of the bill and said it was very disturbing. The court will hear the parties on Thursday at 14:00. Although CJI Khanna was about to dictate the order, but after the fiery requests by the attorney -general of India and advocate for other respondents for a hearing before the interim order, the court posted the case for April 17.