Waqf listening to: Want sturdy, obtrusive case for interim aid, SC tells petitioners

“Are residents stopped from practising their faith resulting from declaration beneath historical monuments legal guidelines?” the bench requested, referring to his current go to to a spiritual place and mentioned there Hindus weren’t barred from providing prayers.

The 2025 Act differs from older laws just like the Historic Monuments Preservation Acts of 1904 and 1958 which preserved the precise of non secular apply, Sibal mentioned. He illustrated it with Delhi Jama Masjid, which can be utilized as a waqf although notified as a protected space.

Nevertheless, the 2025 Modification (Part 3D) invalidates waqf declarations of protected monuments, he mentioned, because the regulation infringes Article 14 (proper to equality) 25 and 26 (rights to apply and propagate faith) of the Structure.

Irreparable harm can be executed if the amended provisions had been allowed to be carried out, particularly provisions that enable waqf properties to be taken over pending inquiries with out judicial adjudication, he added.

He mentioned registration beneath earlier waqf acts was necessary however non-registration didn’t alter the non secular nature of the property which was not the case beneath the amended regulation.

Waqf by person didn’t traditionally require registration, he mentioned, however beneath the brand new regulation the mutawalli (custodian) will be jailed for six months if he’s unable to reply satisfactorily concerning the properties.

“The second they’re declared protected monuments, they lose their waqf standing,” he mentioned. He additionally flagged the dilution of Muslim illustration on the Central Waqf Council, asserting the amended regulation now permits a majority of non-Muslim members — a stark departure from earlier norms.

“Earlier, the board members had been elected and so they had been totally Muslim. Now they’re all nominated. There might be 11 members, and 7 will be non-Muslims. That is violative of Articles 25 and 26. Administration must be executed by the group,” Sibal mentioned.