38.6c New Delhi, India, Saturday, June 03, 2023
Top Stories
Interviews Know The Law Book Reviews Videos
About Us Contact Us

'Need to hold discussion with States, other,' Centre seeks 3-month in HC to take a considered view on pleas challenging Waqf Act [Read PIL]

By Lawstreet News Network      Mar 23, 2023      0 Comments      277 Views
'Need to hold discussion with States, other,' Centre seeks 3-month in HC to take a considered view on pleas challenging validity of Waqf Act [Read PIL]

NEW DELHI: The Union government has sought three months time in Delhi High Court to file its response to a PIL filed by advocate Ashwini Kumar Upadhyay challenging validity of various provisions of the Waqf Act, saying it was required to hold discussion with States and others to take a clear and considered decision in view of over 100 such pleas pending before various courts.

It also said nearly 120 writ petitions challenging one or more provisions of the Waqf Act 1995, are pending before various courts.

"Keeping in view the multiple petitions challenging various sections of the Waqf Act, 1995, it is essential for the Respondents / Applicants to ensure that a clear and consistent view is taken. This involves thorough examination of petitions, consultation/vetting by Government counsels and discussions with other stakeholders, such as State Governments," it said.

The government also submitted that Counter affidavits in most of the cases have not yet been filed.

It also pointed out a transfer petition has also been filed in the Supreme Court.

On Tuesday, hearing plea by Upadhyay and others, a bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta asked the government counsel to seek instructions for consolidation and transfer of all the matters to the Supreme Court.

Upadhyay challenged the validity of provisions of Waqf Act 1995, which is "made under the garb of managing waqf properties but there are no similar laws for followers of Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism and Christianity. Hence, it is against the secularism, unity and integrity of the nation".

He also said the Waqf is not mentioned anywhere in the Constitution.

"However, if the Act is enacted to secure fundamental rights guaranteed under Articles 25-26, then it must be in consonance with the Articles 14-15 of the Constitution.... If the impugned Act has been made to protect the rights guaranteed under Articles 29-30 then it has to cover all the minorities i.e., followers of Jainism, Buddhism, Sikhism, Judaism, Bahaism, Zoroastrianism, Christianity, and not only Islam," it said.

[Read PIL]

Supreme Court of IndiaDelhi High Court Union government Advocate Ashwini Upadhyay PIL Waqf Act Consultation State Government Counter Affidavits Chief Justice Satish Chandra Sharma Justice Sachin Datta Stakeholders Hinduism Buddhism Jainism Sikhism Judaism Bahaism Zoroastrianism Christianity Unity and Integrity Fundamental Rights Article 25 Article 26 Article 14 Article 15 Constitution of India
Share this article:

Lawstreet News Network

Leave a feedback about this

Related Posts
View All




Lawstreet Advertisement

Signup for Our Newsletter

Get Exclusive access to members only content by email