CJI Gavai Emphasizes Limited Judicial Role in Waqf Act Disputes

The Chief Justice of India BR Gavai on Tuesday stated that legislation passed by Parliament is considered to be constitutional and courts cannot intervene when there's a clearly grave issue. He made this statement during the hearing of petitions to repeal legislation known as the Waqf Amendment Act.

The court of CJI BR Gavai and Justice AG Masih was hearing several constitutional laws that challenged law enforcement agencies' decision to pass the Waqf Amendment Act, which was approved by the legislature this month.

The court's apex had previously identified three major issues. These include Waqf by the user, the appointment of non-Muslims to the Waqf Council and the state Waqf Boards as well as the designation of government property to be Waqf property. The Centre was clear that it would not move on these issues until the matter was settled.

"The written submissions submitted by the petitioners have now been extended to other questions. My suggestion is to restrict it to three main issues," he said.

However, the senior lawyers Kapil Sibal, and Abhishek Manu Singhvi who were arguing on behalf of the petitioners, argued against this. "The CJI (Sanjiv Khanna) declared that we will be hearing the case and decide if interim relief is granted. We cannot now say we will limit to three questions," Singhvi said, saying that there is no way to have an "piecemeal proceeding."

Waqf Act was enacted to take Waqf land without proper process: Sibal

Sibal said that the Act is designed to control Waqf land. "The law has been designed in a manner that Waqf property can be removed without any procedure," he said.

He also emphasized the fact that only those who has been practicing Islam over a period of at least 5 years is eligible to make the Waqf.