The petitioners challenging the Waqf (Amendment) Act, 2025 on Tuesday argued before the Supreme Court that the Act had singled out the Muslim community by imposing unfair requirements on them for registration of properties as waqf while endowments made by other religious communities were not subject to such onerous conditions.
Appearing for the petitioners, Senior Advocates Rajeev Dhavan, Abhishek Manu Singhvi and Huzefa Ahmadi contended that it was only the Muslim religion, where property had been dealt with in this way.
Calling India a secular nation, the Counsels said the case affected Articles 25, 26 and 29. Article 29 provided the right to preserve culture.
The entire secular edifice that the Court had built time and time again would be taken away.
“Endowments are there in every religion. Which other religion while making a religious endowment is asked for proof of practicing that religion for 5 years or 10 years? This provision goes on short ground of violating Article 15,” Singhvi argued.
“Ipso facto, it is retrospective and virtually by sleight of hand, my entire waqf gets obliterated. Argument on Article 15 is (important). This only singles out one particular community,” Ahmadi contended.
During the hearing, the Court too flagged the fact that the Waqf (Amendment) Act, 2025 has introduced drastic changes as regards the consequences when it comes to non-registration of waqfs.
This was after Senior Advocate Kapil Sibal, also appearing for the petitioners, made arguments concerning the same.
Under the earlier law, the consequences of non-registration affected only the muttwali but that is not the case with the present law, the Court noted.
It was hearing pleas seeking a stay on the controversial law.
The hearing will resume on Wednesday.
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