Waqf is like charity, not an essential part of Islam: Centre to Supreme Court
Waqf is like charity, not an essential part of Islam: Centre to Supreme Court
M.U.H
21/05/202527
The Centre on Wednesday told the Supreme Court that waqf is nothing but charity and is not an essential part of Islam. Underscoring that waqf boards only discharge "secular functions", Solicitor General Tushar Mehta said the administration of temples, which are purely religious, unlike waqf, could be under a Muslim.
"Waqf is an Islamic concept. But it is not an essential part of Islam... Waqf is nothing but just charity in Islam. Judgments show that charity is part of every religion and can happen for Christianity also. Hindus have a system of daan. Sikhs also have it," Mehta said.
Presenting his arguments a day after the Muslim side made their submissions, SG Mehta said the Centre was legally empowered to reclaim properties that are declared waqf under the contentious 'waqf-by-user' principle.
"Nobody has the right over government land... There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf," Mehta told a two-judge bench, comprising Chief Justice BR Gavai and Justice Augustine George Masih.
The 'waqf-by-user' provision, which has been done away with in the new law, allows a property to be treated as waqf based on its long-term use for religious and charitable purposes, even without formal documentation.
Mehta's assertion came as the Supreme Court was hearing petitions challenging the Waqf law, which expands government oversight in regulating waqf properties.
The top government law official also asserted that 'waqf-by-user' was not a fundamental right. "Waqf by user is not allowed prospectively with three exceptions - it should be registered, private property, and government property," Mehta said.
The Centre also told the top court that the latest Waqf law amendments "resolved problems" that the British and successive Indian governments could not settle.
"We were eradicating the menace that was there since 1923. Every stakeholder was heard. A few petitioners cannot claim to represent the entire Muslim community. We received 96 lakh representations. The JPC (Joint Parliamentary Committee) had 36 sittings," the Solicitor General said.
On Tuesday, the Supreme Court said there was a "presumption of constitutionality" in legislation that clear Parliament and the courts cannot interfere unless a glaring case is made out.
"There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case," CJI BR Gavai said when senior advocate Kapil Sibal, arguing for the petitioners, began his submissions.
The Centre has urged the top court to confine the hearing on pleas to three issues - waqf by user principle, nomination of non-Muslims to the Central Waqf Council and state waqf boards and identification of government land under waqf.
