Jamiat Ulama-i-Hind moves Delhi High Court opposing Ashwini Upadhyay's plea against Waqf Act

The Delhi High Court on Friday asked BJP leader Ashwini Upadhyay to respond to Jamiat Ulama-i-Hind's intervention application in his Public Interest Litigation (PIL) petition challenging constitutional validity of the Waqf Act. .A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed Upadhyay to respond to Jamiat's application by November 4 when his petition is listed for hearing. .The Delhi High Court had issued notices on Upadhyay's PIL challenging the validity of the Waqf Act in May. .Jamiat has approached the High Court seeking dismissal of Upadhyay's plea with 'exemplary costs' given that he filed several frivolous PILs in the past as well and has ulterior motives. "On at least two occasions, no less than the Hon'ble Chief Justice of India, himself seems to have rebuked the petitioner for filing frivolous petitions," the plea argued. .The application said that Upadhyay has filed innumerable petitions challenging almost all civil laws related to Muslims in India and the line of petitions is being used by him as a tool to harass Muslims as 'community'. "This Hon'ble court, while granting any indulgence to him while entertaining his petition must examine malafide intent of scrupulous litigants like the present petitioner." .Jamiat has argued that Upadhyay deliberately made a false statement in his petition that only Centre is likely to be affected by the orders sought. There are statutory Waqf Boards in each state of the Union of India which are the core of the entire institution of Waqf and the impact of the prayers in the present petition shall cause upheaval in the established system of Waqf throughout the country, the application said. It added that Upadhyay has also misled the court in saying that the Waqf Act is without object and reasons when there clearly is a detailed 'Statement of Objects and Reasons' in the 1995 Act highlighting its background, purpose and feature. .Delhi High Court seeks response from Central government in plea challenging validity of Waqf Act

Jamiat Ulama-i-Hind moves Delhi High Court opposing Ashwini Upadhyay's plea against Waqf Act

Prashant Jha

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