Delhi High Court PIL challenges Waqf act 1995

Delhi High Court on Thursday asked the Central Waqf Council and central government to respond to a petition filed in Delhi high court. To declare that the Waqf Act, is in violation of the constitutional validity and that private properties of citizens can only be governed by a uniform civil code.

Delhi High Court on Thursday asked the  the Central Waqf Council and central government to respond to a petition filed in Delhi high court to declare that the Waqf Act is in violation of the constitutional validity and that private properties of citizens can only be governed by a uniform civil code.

A Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla gave the direction on the petition. Lest, it was filed by Devendra Nath Tripathi. Who argues that the management of Waqf properties is essentially done on religious lines.

Mr. Tripathi said in his petition. The Centre has no legislative competence to make laws such as the Waqf Act. “The Waqf Act, 1995 is arbitrary as the legislature doesn’t have the required competence to make such laws. Under entry 10 or 28 of the concurrent list of 7th Schedule. And therefore, the same must be struck down by this Court”. His plea said.

Delhi High Court PIL challenges the Waqf act of 1995

The petitioner sees Waqf law as against the secular fabric of this nation. The Waqf Act has granted  uncontrolled powers to Waqf Boards. And Waqf properties have been placed over and above other charitable religious institutions. Which are against secularism. This gave conclusive remarks as such provisions are not given to other religions.

Mr. Upadhyay said. Moreover, around 6.6 lakh registered Waqf properties account for around eight lakh acres of land throughout the country. Adding that this is making Waqfs the third largest landholder. Hence, it would be after the Railways and Ministry of Defence.

 

 

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