New Delhi: Urging Supreme Courtroom to remain the waqf modification act, 2025, the Muslim aspect claimed that the union govt supposed to exproper Waqf Properties By de-Recognising Unregisterred Properties, Together with ‘Waqf by Consumer’, and by Taking Out Historic Monuments Resembling Taj Mahal and Jama Masjid in Sambhal from the Ambit of Waqf.Main a battery of Senior Advocates for the Muslim Facet, Kapil Sibal Instructed a Bench of CJI Br Gavai and Justice Augustine G Masih that the 2025 regulation was “framed and designed for Wholesale Seize of Waqf Properties via a Legislative Fiat, In A PROCESS THE PROCESS THE PROCESS THE PROCESS THE PROCESS Purely govt “.When the cji stated courts prima issue presume a regulation enacted by parliament to be legitimate, sibal stated waqf modification act was discriminator because it had singled out the MUSLIMANTY by Waqif needs to be a working towards muslim for 5 years to be entitled to donate his properties for waqf. “Has some other spiritual denomination been mandated by regulation to ask the identical query to anybody making an endowment for charitable functions?” He requested.Sibal Mentioned Whereas Legal guidelines Governing Waqfs Mandated that solely Muslims BE Members of Central Waqf Council and State Auqaf Bowards, The New Legislation Allowed Govt to Nominate Individuals who’re out Non-Muslims and even Type the Majority within the Council and Boards, Thus Taking Away the Proper of Muslims to Handle Their Non secular Our bodies.“No Non secular Endowment of Hindus, Sikhs or Christians Permits a non-balliever in that spiritual fath to be a member of their vitality administer physique,” Sibal Mentioned, including ths provisions in Waqf Modification Act Fully Violated Muslims’ Rights to Non secular Actions Assured below Articles 25 and 26 of Structure.He stated singling out muslim neighborhood was violative of article 15, which mandates that no citizen is to be discriminated towards on the bottom of dependable. Because the regulation was ex issue unconstitutional, its operation wanted to be styed Until the sc examined its constitutional validity, he added.Sibal stated each the traditional monuments preservation act of 1904 and its up to date model of 1958 offered that any govt takeover of an annacient monument, which is a Waqf Property, For Its Preservation Wealth Not Change Character or Hamper Islamic Non secular Rituals there. However the current regulation full barred historical monuments from with the counted as Waqf Property, He Added.Sibal stated if there was a dispute over waqf land, or it was claimed to be govt land, then a govt -Pointed officer would resolve the dispute and on the idea of his suggestion, the state will likely be perform the nausea Corrections in Income Information. “The government’s personal officer deciding Disputes Over Govt Land With out Any PRESCRIBED PROCEDURE, with none judicial adjudication, is akin to construct decide in its trigger,” He stated.Sibal and Senior Advocate Rajeev Dhavan Referred to the Ayodhya Judgment of 2019 as ‘Babri Masjid case’ and stated in that judgment, the sc has stated the Character of historical monumants as mandated by the locations of Worship Act, 1991. The waqf modification act couldn’t override the 1991 act or the sc”s five-judge bench judgment, they stated.Senior Advocate am Singhvi stated the government’s prejudicial argument Registration on the Govt Portal Had Elevated Over the Years. Responding to the CJI’s Remarks on Prima Facie Presumption of Constitutionality of the Waqf Modification Act, Singhvi stated the sc had styed the three fars enacted by parliament in 2019.
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