The Central government on Tuesday urged the Supreme Court to limit the hearing on a clutch of pleas challenging the validity of the Waqf (Amendment) Act for passing interim orders to three issues, including the power of the boards to denotify properties declared as "waqf by courts, waqf-by-user or waqf by deed".
Solicitor General Tushar Mehta, appearing for the Centre, made the request to a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih.
"The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only," the law officer was quoted as saying by news agency PTI.
Senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, opposed the Centre's submission, saying there can't be a piecemeal hearing on the crucial legislation.
What are the three issues?
One of the three issues is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed. The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate, except ex-officio members. The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land, reported PTI.
{{/usCountry}}One of the three issues is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed. The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate, except ex-officio members. The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land, reported PTI.
{{/usCountry}}Also read: What is Waqf Amendment Bill and why is Opposition against it?
Several Opposition politicians and Muslim bodies have filed petitions against the amendments, which were passed by the parliament earlier this year.
Last month, during a hearing, the Centre assured the Supreme Court that it would neither denotify waqf properties, including "waqf by user” nor make any appointments to the central waqf council and boards till May 5.
The Centre had opposed the apex court's proposal to pass an interim order against the denotification of waqf properties, including "waqf by user" aside from staying a provision allowing the inclusion of non-Muslims in the central waqf councils and boards.
With inputs from PTI