NEW DELHI: The Centre has told the Delhi High Court that nearly 120 petitions have been filed across the country, challenging the validity of the Waqf Act, 1995.
“Apart from the instant case, nearly 120 writ petitions challenging one or more provisions of the Waqf Act 1995, are pending before the various courts,” the Centre informed the Delhi High Court.
The Centre further submitted that it was essential to ensure that a “clear and consistent view” is taken in all pending matters.
This would involve not only a thorough examination of petitions but also discussions with stakeholders like state governments and government counsels.
It also informed the Court that counter affidavits have not been filed in most cases and Upadhyay has already filed a transfer petition before the Supreme Court.
However Upadhyay said that given the volume of cases, the plea for transfer of all cases to one court should be filed by the Centre.
The Central government thus sought time of 3 months “to take appropriate steps and seek instructions for consolidation of all such cases”, for filing its reply in the matter.
The Court has granted the Centre for the purpose.
The plea filed by Advocate Ashwini Kumar Upadhyay was being heard by a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.
Upadhyay has not only challenged the validity of certain provisions of the Waqf Act but also sought directions for enactment of a “uniform law for trust and trustees, charities and charitable institutions, and religious endowments and institutions.”
The basis of the plea is that Waqf properties are currently enjoying “special rights” that have not been given to the trusts, charitable and religious institutions run by non-Islamic religious groups - and that this is discriminatory.
He has argued that the special status granted to Waqf properties is manifestly arbitrary, and irrational and offends Articles 14 and 15 of the Constitution.
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