Centre seeks dismissal of pleas challenging validity of Waqf Act, files affidavit in Supreme Court

NEW DELHI: The Central Government has filed an affidavit in the Supreme Court stating that the Waqf Amendment Act is legal and should not be stayed. The Central Government has sought dismissal of the petitions against the Act. 'The argument that the Act will be a setback for Waqf properties, including those that have been used for a long time, registered and notified, is wrong. It is legally necessary to register them as Waqf. The Act does not prevent properties that have been used for religious purposes for a long time from being declared as Waqf. False narrative is being spread in this regard. An attempt is also being made to mislead the court. Taking away the statutory protection to a waqf by user does not deprive a person of the Muslim community to create a waqf. The amendment was brought after disputes arose in many places claiming that government and private lands are Waqf,' the Centre said. The Supreme Court will consider the matter again on May 5.

The affidavit was filed by Sher Shah C Shaik Mohiddin, Joint Secretary, Ministry of Minority Affairs. He pointed out that "Constitutional courts cannot stay the provisions of the law. They can only take a final decision after hearing the petitions."

No violation of fundamental rights

1. The affidavit also states that there are no violations of fundamental rights related to religious freedom.
2. More than 20 lakh hectares of land have been converted into waqfs since 2013
3. Only two of the 22 members of the Waqf Council will be non-Muslims
4. There will be repercussions if the law is stayed
5. There was a situation where the provisions of the Waqf Act were being misused
6. The amendment to the law was brought to avoid misuse
7. The amendments were proposed after a thorough study by the Joint Parliamentary Committee