The Centre on Thursday assured the Supreme Court that non-Muslims will not be appointed under the Waqf Amendment Act as it sought time from the apex court to submit its response.
Appearing on behalf of the Union government, Solicitor-General of India Tushar Mehta informed the apex court that non-Muslims won’t be appointed to the Waqf councils and state Waqf boards while the hearing in the matter is on.
Mehta also said till the next date of hearing Waqf properties, including Waqf-by-user, declared through notification or registration will not be de-notified.
After the hearing resumed on Thursday afternoon, Mehta told the court a stay of a legislation was an extraordinary measure.
“The stay of a legislation, whether directly or indirectly, is an extraordinary measure, and cannot be done based on a mere tentative reading of the provisions,” Mehta said. “We have received lakhs and lakhs of representations which contributed to some of these amendments. Villages were taken as Waqfs. Private properties were taken as Waqfs. This affects a large number of innocent people.”
On the first day of hearing, the three-member bench – including Chief Justice of India Sanjeev Khanna, Justice Sanjay Kumar and Justice K.V. Viswanathan – had proposed an interim ruling.
“Your lordships are taking a serious and harsh step by staying directly or indirectly statutory provisions without proper assistance,” the solicitor-general said.
Mehta requested the apex court to grant the Union government seven days to submit its reply.
“We have a particular situation,” CJI Khanna said, addressing Mehta. “We pointed out certain infirmities. We also said there are some positive things. But we don’t want the situation prevailing today to change so drastically that it affects the rights of the parties. There are provisions such as five years practice of Islam, we are not staying that. Yes, you are right. There is a thumb rule, that Courts won’t stay legislations ordinarily. But there is another thumb rule when the petition is pending before the Court, the situation which is prevailing should not change so that the rights of persons are not affected.”
When Mehta again insisted for time, the court gave the conditions for granting time, which the solicitor-general affirmed.
“The SG can only speak for the Union and cannot submit on behalf of the states,” the CJI said.
SG Mehta also said if any state government makes any appointment to the state Waqf board it will be void.
The next hearing on the case will be held on May 5.
The bench said it was impossible to deal with a number of pleas on the issue and clarified it would only hear five of them while asking lawyers to decide among themselves who would argue.
The petitioners, the bench said, could file their rejoinders to the Centre's reply within five days of the service of the government's response.
