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Synopsis

In a Public Interest Litigation plea challenging the constitutionality of various provisions of the Waqf Act, 1995, the Allahabad High Court last week issued notice to the Attorney General for India and Advocate General of Uttar Pradesh. 

The matter was heard before the bench of Chief Justice Rajesh Bindal and Justice JJ Munir which posted the matter on December 15, 2022 for further hearing.

"As validity of an enactment of the Parliament is under challenge, let notice be issued to Attorney General of India, Advocate General of U.P. and the respondent no. 3 for December 15, 2022," the court ordered. 

The PIL plea sought directions to declare any notification, order, decision or rule issued under the Waqf Act to be non-applicable to the properties belonging to Hindus or members belonging to non-Islamic communities.

As per the plea, the various provisions of the Waqf Act, 1995 have been challenged as "those provisions grant special status to Waqf properties denying same status to Trust, Mutts, Akharas and Societies and confer unguided and unchecked powers to Waqf Boards to register any property as Waqf property".

It alleged that the provisions contained in Sections 4, 5, 36 and 40 of the Waqf Act, 1995 are not in conformity with the theme underlying Article 14 of the Constitution of India as no proper safeguard has been provided against the inclusion of any property as waqf property.

"In the impugned Act there is no safeguard for Hindus and non-Islamic communities to save their religious and private properties from being included in the list of Waqf issued by the Government or by the Waqf Boards and Hindu and other religious communities are being discriminated and the impugned provisions violate Articles 14,15,25,27 and 300 A of the Constitution of India," the plea read. 

The plea further stated that in last 10 years, Waqf Boards have rapidly captured the lands of others and declared those properties as Waqf property.

"It is relevant to mention that the Union Minister for Minority Affairs in reply to Rajya Sabha on 07th February 2022 informed that there were total 7,85,934 immovable properties which have been registered on the portal", the plea stated.

Therefore, alleging that the provisions of the Act are not in consonance with the principles of natural justice, as no sufficient provision has been made to give opportunity of being heard to the affected persons who want to oppose the inclusion of the property as Waqf Property, the plea sought direction to strike down following provisions of the Act:

Sections 4,5,8,9(1)(2)(a),28,29,36,40,52, 54,55,89,90,101 and 107 along with Section 6,7, 83 and 85 of the Waqf Act, 1995.

Case Title: Ashish Tewari and Others v. UOI and Others