The Supreme Court on Monday posted to May 15 before a bench headed by Chief Justice of India-designate B.R. Gavai the hearing of a batch of petitions that have either challenged or supported the Waqf Act.
The court refrained from passing any interim order.
Chief Justice of India Sanjiv Khanna, heading a bench that also had Justice P.V. Sanjay Kumar and Justice K.V. Viswanathan, told a packed court that since the matter requires a detailed hearing, it would be appropriate if it is posted for consideration before a bench headed by Justice Gavai.
CJI Khanna retires on May 13.
“We have gone through the counter and rejoinder. Yes, some points have been raised on registration (of waqf properties) and some figures, which are disputed by petitioners (a reference to the Centre’s plea that 30 lakh acres of land is being claimed as waqf properties across the country). It needs to be dealt with.
“There are two things which I have to point out: I do not want to reserve any judgment or order even in the interim stage. This matter has to be heard on any reasonable day. It will not be before me. We will post it before the bench of Justice Gavai on Wednesday or Thursday for both interim and final orders,” CJI Khanna told senior advocates Kapil Sibal and Abhishek Manu Singhvi, solicitor-general Tushar Mehta and others during a brief hearing.
The bench listed the matter for hearing on May 15.
The bench had on April 17 recorded an undertaking from the Centre that till May, the next date of hearing, it would not appoint any non-Muslims to the central waqf council or the state waqf boards, nor would it change the character of the existing waqf ownership. The top court had suggested that it might stay the impugned provisions.
Relief for MP
The bench dismissed a PIL seeking contempt proceedings against BJP MP Nishikant Dubey for his alleged contemptuous remarks targeting CJI Khanna and the Supreme Court.
The CJI indicated that the court would pass a short order on the controversy surrounding the MP’s outbursts. “We will issue a short order. We will provide some explanations, but we will not be considering it further. It will be a short order,” Justice Khanna said.
Red Fort claim
A bench of CJI Khanna and Justice Sanjay Kumar dismissed a plea by a woman, Sultana Begum, who pleaded she was a descendant of Mughal emperor Bahadur Shah Zafar and claimed ownership of the Red Fort.
She wanted a directive to the Union government to hand over possession of the historic fort after Delhi High Court and a trial court dismissed her plea.
“Why only Red Fort? Why not Fatehpur Sikri? Why leave them also. Writ is completely misconceived. Dismissed,” CJI Khanna said.