Over 120 petitions pending before High Courts across country against Waqf Act: Central government to Delhi High Court

The Central government informed the Delhi High Court on Wednesday that there are at least 120 petitions pending before various High Courts across the country challenging the provisions of the Waqf Act, 1995 [Ashwini Kumar Upadhyay v Union of India and Ors]. .Central Government Standing Counsel (CGSC) Kirtiman Singh informed the Court about the same today and moved an application seeking more time to file a response to the petitions against the Waqf Act. A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta asked the government counsel to take steps and obtain instructions for consolidation and transfer of all the matters to the Supreme Court..The Court was hearing a batch of petitions challenging the provisions of the Waqf Act. One of these petitions is by BJP leader Ashwini Upadhyay. In its application, the government said that since there are several matters pending across the country challenging one or more provisions of the Waqf Act, it is necessary that it takes a considered and consistent view. "Keeping in view the multiple petitions challenging various sections of the Waqf Act, 1995, it is essential for the Respondents/Applicants (Central government) to ensure that a clear and consistent view is taken. This involves thorough examination of petitions, consultation/vetting by the Government Counsels and discussions with other stakeholders, such as State Governments," the government submitted. The High Court will hear the case next on July 26. .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 and scholars, 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 contendedThe 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.