During the hearing of the Waqf law, Kajuraho was also mentioned, and Sibal made these arguments in the CJI questions, knowing what happened

SC Waqf Act

Waqf legal hearing in the Supreme Court

Investigation into Waqf Act in the Supreme Court: Several petitions challenging the new Waqf Act were heard in the Supreme Court on Tuesday. During this time, CJI PR Kawai referred to a temple in Gajuraho, saying that he was under the support of archeology and that people could go there. In this regard, Kapil Sibal argued that if the ASI is a secured area, it cannot be a wakf. Solicitor General Tusher Mehta put forward the side of the government of CJI PR Kawai and Justice AG Christ. He said three points were fixed at the beginning. We responded to three, but the parties have mentioned different issues from these three issues. I think the court should focus only on three issues. However, Kapil Sibal opposed the Solicitor General and said we would argue on all problems.

Kapil Sibal’s arguments

Kapil Sibal said that the court would be issued if the last hearing was necessary to issue an interim order. In this regard, S.G. Tushar Mehta read the previous order before the court. The Prosecutor General, while studying the order, the role of the board members, the user by the user and the TM. These are the three problems provided by the government. In this case, Sibal said that the case should be investigated in the case of the lawyer general. In this regard, the Supreme Court was told that the trial of the case should be brought forward.

Sibal said this is illegal and that the control of the Waqf property is going to take control of the property. The property that is vowed will be investigated with fear of any controversy. The collector will inquire and the collector is a state man. In such a situation, there is no time for trial. Until the report comes, the property cannot be Waqf. At the same time, the property is given in the name of Allah. Once it was Waqf, it was done forever. The government cannot provide financial assistance. Sibal added that there is no offerings in mosques like temples. These companies run with charity.

The court heard, there is a climb in the dargahs

The court asked him to climb the dargahs. Sibal said I am talking about mosques, Dargah is different. There is an offering in the temples, but not in mosques, it is ‘Waqf by the user’. The Babri Masjid was also similar. From 1923 to 1954 there were different rules, but the basic principles were the same. Sibal also says that once the new law is declared an ancient protected monument under the ASI Act, Waqf’s rights will end. The new law provides that a person who has adopted Islam through the change cannot be Waqf 5 years ago. This rule is completely unconstitutional. The previous people will come to the Waqf Board, all are Muslims. Now all members are recommended, 7 out of 11 members may now be non -Muslim.

CJI refers to Kajuraho

In this regard, there is a temple under the support of the Kejuraho Archaeological Department, but the CJI said that people can go there and worship. In this regard, Sibal argued that if the ASI is a secured area, it cannot be a wag. The bench asked if it would pluck your right to follow religion. Can’t you go there and pray? Yes, Sibal said that the declaration of Waqf property is zero. How can I go there if it’s zero? The CJI added that I went to the temple under ASI, but the devotees could go there and worship. So does such a announcement exclude the right to your worship?

Sibal said, now Waqf zero

If you say Waqf is zero, Sibal said it is no longer Waqf. I say that this rule violates section 25. There is no judicial process, then you go to the Wakfat court to challenge the collector’s decision. When the case is pending, the property changes under the property level 3 (C) and there are Waqf results, the Supreme Court further stated. Regarding this, Sibal said yes, before the investigation begins, it is no longer a Waqf. In order to emerge the new law, the religion of Islam has been made to be followed in at least 5 years. Why should I tell someone that I have considered Islam for a long time. What is the way to check it? Sibal said the user’s Waqf was now removed. It can never be removed. It is dedicated to God. It can never end. It now ensures that only the wagfar of registered users will be left.

There are many controversies on Waqf assets in Aurangabad, Maharashtra, the Supreme Court said. Sibal said the government official would decide on the controversy and would be a judge in his case. This frame violates the rights of the stream, which is unjust and arbitrary and violating the rights. Another rule has been introduced that Waqf’s name and address, Waqf method and Waqf date have been requested. How is this for people? There is a Waqf created 200 years ago, and if they do not give it, the Muttavalli (Trustee or Career) will have to go to jail for 6 months.

Argument- money in the mosque is not provided as a temple

Sibal said that when he presented his page, he said that the purpose of the previous actions would never be deprived of the rights of religious minorities and that the 2025 law was completely different from it. Money in the mosque is not a temple like a temple, which is a thousand crores, but the offerings in the mosque are only for the purpose of charity. The CJI said it was going on in temples and dargahs. Sibal said the dargah and mosques are different. However, after lunch, Sibal said that the court proceedings resumed, and that there was an interesting thing in this active, I would like to tell the court, we have taken it from the ASI site. When it comes to the ASI list, it loses the character of Waqf. This includes Sambal Jama Masjid. This is a limit to the influence of this law, which is a very confusing thing.

Right to the collector now

Sibal said that the rights are now with the collector. Which survey will be conducted by the collector? When the Collector stated in his statement that the property is in controversy or government property, Waqf will not be registered. So, if someone raises a controversy, Waqf cannot register. This is called a total acquisition of the rights of a community. Sibal said that I cannot even file a case until the property is registered. My right to file the case has been taken. This is a severe violation. In this regard, the bench said that there was an arrangement for registration in previous laws, so all the Waqf that was registered before this law would not be affected. He said that the registration of Sibal Waqf was not necessary and did not happen. In such a situation, what will happen if there is a controversy? Kapil Sibal told the court about the creation of the Waqf Council, earlier that there were only Muslim members and that there were now non -Muslims. (IANS Input)

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