'Misleading narrative being built': Centre defends Waqf Act in SC
What's the story
The Indian government has defended the Waqf (Amendment) Act in the Supreme Court.
It refuted allegations that the new law would affect waqfs that don't have supporting documents.
The Centre argued a misleading narrative was deliberately created to mislead the court, saying, "A deliberate, purposeful and intentionally misleading narrative is built very mischievously."
Legal stance
'Waqf by user' recognized only upon registration, Centre clarifies
The government clarified that 'waqf by user' (land/property used for religious purposes) has only been recognized upon registration for the last century.
"Hence, the amendment aligns with consistent practice."
"Taking away the statutory protection to a waqf by user does not deprive a person of the Muslim community to create a waqf," the Centre told the SC bench, which was hearing petitions challenging the Act.
Government's position
Centre opposes stay on implementation of new Waqf laws
The Centre also opposed any stay, either partial or complete, on the implementation of the new Waqf laws while challenges to it are being heard by the Supreme Court.
It argued that courts don't have authority to stay statutory provisions either directly or indirectly.
The government further stated that there's a presumption of constitutionality that applies to laws made by Parliament, and an interim stay goes against the principle of balance of powers.
Court queries
Supreme Court raises concerns over Waqf Amendment Act
Last week, the SC had raised concerns regarding cancellation of 'waqf by user' status, appointment of non-Muslims on waqf boards, and powers of the Collector to determine waqf status on disputed government land.
Chief Justice Sanjiv Khanna said, "We do not stay a legislation normally at this stage...unless in exceptional circumstances. This appears to be an exception."
Solicitor General Tushar Mehta assured no non-Muslim members would be appointed on any Central or State waqf boards under the latest amendment.
Legal challenges
Opposition parties and religious organizations challenge new Waqf laws
Mehta submitted that there will be no waqf de-notification till the next hearing.
Upon receiving Mehta's assurances, the Supreme Court declined to pass an interim stay and sought responses from the Centre, states, and waqf boards within a week.
Over 100 petitions have been filed challenging the Act, including by the Congress, the AAP, DMK, CPI and Bihar CM Nitish Kumar's JDU.