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Plea challenging validity of Waqf Act: High Court awaits response from Centre

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The Delhi High Court today under the division bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla  issued notices to the Ministry of Minority Affairs, Ministry of Law and Justice and Law Commission of India directing them to file their response in the Waqf Act matter.

The bench made a notice of the fact that Advocate Upadhyay had not impleaded the Waqf board even though he had challenged the Waqf act.

Acting Chief Justice Sanghi instructed advocate Upadhyay to make the Waqf board a party to the case and issued notice to them as well.

The case would now to presented before the court for consideration somewhere in July.

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Advocate Upadhyay in the plea had argued that the Waqf Act is made for the management of waqf properties, and no such act applies or is formulated for followers of Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism and Christianity.

He said that it can be understood that it is “against the secularism, unity and integrity of the nation” which believes in equality.

Waqf Board comprises of Muslim MLA, MP, IAS Officer, town planner, advocate and scholars, all these members are paid remuneration from the public exchequer despite the fact that Centre doesn’t collect any money from mosques or dargahs.

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Upadhyay contended that states collect around one lakh crores from four lakh temples but there are no similar provisions for Hindus. The Act clearly offends the Article 27 of the constitution.

The plea stated that unbridled power has been given to the Waqf Act , not only this but also they are also treated differently and are placed much above any charitable board.

The “Petitioner has challenging the validity of S. 4, 5, 6, 7, 8, 9, 14 of the Act, as these provisions grant special status to Waqf properties denying equal status to Trust, Mutts, Akharas, Societies.

It has also contested that Hindus, Jains, Buddhist have no safeguard for their properties which are taken care for the Waqf board which shows that a partial treatment is met

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