Petition filed in Supreme Court challenging Waqf Act 1995

Editorial comment

  • Hindus do not expect such a discriminatory law in a country with BJP Government. Hindus should not have to go to Court and make such a demand, but the Central Government should take suo moto cognisance and declare this law unconstitutional.

New Delhi – A petition has been filed in the Supreme Court against the Waqf Act, 1995. The petition seeks that the Court should decide that Parliament does not have the power to make Waqf Act 1995 for Waqf and Waqf property; as the Parliament cannot frame laws for Trusts, Trust property and religious institutions.

This petition was filed by H.H. (Adv.) Hari Shankar Jain, Jitendra Singh and 6 others. Waqf law gives special status to Waqf property; however, the properties of Hindu Trusts, Ashrams and akhadas have not been given such a special status, the petition said. An old decision of the Andhra Pradesh High Court has been cited for this. It said the Waqf Board owns more land than the Indian Railways and the Ministry of Defense. Currently, the Waqf board has 8 lakh acres of land. So far, 6, 59, 877 properties in the country have been declared in the name of Waqf.

The petition alleges that in the last 10 years, the Waqf Board has encroached on the property of others and declared it as its land. The Waqf Board has the power to remove encroachments. There is no time limit for it; however, the property managers, caretakers, mahants, etc. of religious institutions like Hindu Trusts, Ashrams, akhadas, etc. have not been given such rights.