The Central government on Tuesday (May 20) urged the Supreme Court to limit the hearing on pleas questioning the validity of the Waqf (Amendment) Act for passing interim orders on three issues.
The requests made by Solicitor General Tushar Mehta to a bench of Chief Justice BR Gavai and Justice Augustine George Masih included the power of the boards to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”.
“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,” said the law officer.
Among the three issues, the first is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed. While the second issue talks about the composition of state waqf boards and the Central Waqf Council, where the petitioners contend only Muslims should operate, except ex-officio members.
The third issue is over a provision of the law that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to determine if the property is government land.
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Several opposition leaders and Muslim bodies have filed petitions against the amendments passed by the parliament earlier this year.
Last month, the Centre told the Supreme Court that it would not denotify waqf properties, including “waqf by user”. It added that it would also not make any appointments to the central waqf council and boards till May 5.
The top court proposed to pass an interim order against the denotification of waqf properties, which was opposed by the central government.
