120 pleas challenging Waqf Act filed across the country, Delhi HC told

The Union government on Wednesday told the Delhi high court that 120 petitions have been filed across the country, challenging the validity of the Waqf Act, as the court granted the Centre time to take appropriate instructions on the transfer of the petitions to the Supreme Court

The Union government on Wednesday told the Delhi high court that 120 petitions have been filed across the country, challenging the validity of the Waqf Act, as the court granted the Centre time to take appropriate instructions on the transfer of the petitions to the Supreme Court.

The Delhi high court (File)

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad, while hearing a PIL by lawyer Ashwini Kumar Upadhyay challenging certain provisions of the same law, asked the central government counsel to seek instructions on taking steps for the consolidation of all the cases.

“Counsel for the central government prays for time to take appropriate steps and seek instructions for consolidation of all such cases,” the bench said.

The Centre, in an application filed in the current petition, sought an extension of three months for filing the reply and said that “apart from the instant case, nearly 120 writ petitions challenging one or more provisions of the Waqf Act 1995, are pending before various courts”.

It submitted that it was essential to ensure that a “clear and consistent view” is taken in all pending matters, which involves not only a thorough examination of petitions but discussions with stakeholders like state governments and consultation with government counsels.

It further added that counter affidavits have not been filed in most cases and the petitioner in the present case has already filed a transfer petition before the Supreme Court for the transfer of all cases.

During the hearing, Upadhyay said given the volume of cases, the plea for transfer of all cases to one court should be filed by the Centre.

In his petition, the lawyer has challenged the validity of certain provisions of the Waqf Act and sought a direction to the Centre to enact a “uniform law for trust and trustees, charities and charitable institutions, and religious endowments and institutions.”

He claimed that Waqf properties cannot enjoy any “special rights” that have not been given to the trusts, charitable and religious institutions run by non-Islamic religious groups.

In his plea, the petitioner has argued that the special status granted to Waqf properties is manifestly arbitrary, and irrational and offends Articles 14 and 15 of the Constitution.

The petitioner has also argued that the creation of the Waqf Tribunal is arbitrary and that every dispute of civil nature must be decided by a civil court.