Delhi High Court seeks Central government response on plea challenging validity of Waqf Act

The Delhi High Court on Wednesday issued notice to the Central government on a public interest litigation (PIL) petition filed by BJP leader advocate Ashwini Kumar Upadhyay challenging the constitutional validity of the provisions of Waqf Act of 1995 [Ashwini Upadhyay v Union of India and Ors]. .A Division Bench of Acting Chief Justice (ACJ) Vipin Sanghi and Justice Navin Chawla issued the notices to the Ministry of Minority Affairs, Ministry of Law and Justice and Law Commission of India and directed them to file their responses. .The Court noted that the Upadhyay had not impleaded the Waqf board even though he had challenged the Waqf act. ACJ Sanghi, therefore, asked Upadhyay to make the Waqf board a party to the case and issued notice to them as well. The case will now be considered in July. .In his plea, Upadhyay has argued that the Waqf Act is made for the management of 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", the plea contended. It stated that the Waqf Board has Muslim MLA, MP, IAS Officer, town planner, advocate andscholars, as its members who are paid from the public exchequer despite the fact the Centre doesn't collect any money from mosques or dargahs. "On the other hand, States collect around one lakh crores from four lakh temples but there are no similar provisions for Hindus. Thus, the Act offends Article 27," Upadhyay contended.The plea further stated that the Waqf Act has given unbridled power to the Waqf boards and Waqf properties have been placed over and above other charitable religious institutions. "Petitioner is challenging the validity of S. 4, 5, 6, 7, 8, 9, 14 of the Act, as these provisions grant special status to Waqf properties denying equal status to Trust, Mutts, Akharas, Societies and confer unbridled powers to Waqf Boards to register any property as Waqf property. There is no safeguard for Hindus Jains Buddhists Sikhs and other Communities to save their properties from inclusion in the list of Waqf issued by Waqf Boards. Therefore, Hindus, Jains, Buddhists, Sikhs, Bahais, Christians and Zoroastrians are discriminated. It offends Articles 14-15," the petition stated.

Delhi High Court seeks Central government response on plea challenging validity of Waqf Act

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