Government can impose limitations: CJI Khanna ::::: Supreme Court also asks ---- "What is the problem with registration of a waqf"

 Government can impose limitations: CJI Khanna

“Limitation can always be imposed by the government. We cannot say imposing of limitation is wrong by the government,” CJI Sanjeev Khanna said.

“I am on different point, it says I have to do it within 2 years and many are not registered, how will I claim,” Kapil Sibal responded.

What is the problem with registration of a waqf, SC asksThe top court asked what is wrong in registering a waqf. “It is good to have a registration,” the Bench noted.

CJI: one thing is very disturbing, the violence. the issue is before the Court and we will decide.

Solicitor General Tushar Mehta: there shouldn't be a phenomena that violence can be used to pressurise

CJI Khanna has a counter question for counsel Kapil Sibal:

"But in Hinduism, it does happen.. so Parliament has enacted a law for Muslims.. may be not like of the Hindus... Article 26 will not bar enactment of law in this case.. Article 26 is universal and it is secular in the fashion that it applies to all."

Sibal submits that now Hindus are part of Waqf Boards, Council

"Now the Waqf council and boards... only muslims had been part of such boards.. now even Hindus can be a part. This is direct usurpation of fundamental rights by parliamentary enactment."

Justice Viswanathan observes, "Wordings of Article 26 regarding administering etc cannot be confused with essential religious practices."

“Many of these Waqfs were created 100 of years ago. Where do you find the records?” counsel Sibal asked.

“These are important issues which would arise in every State. Which is why the SC must hear and decide it,” Sibal added.

Provisions of the Act spell a complete takeover of the waqf bodies: SibalKapil Sibal said all members of the Waqf Council must be Muslim according to the petitioners. 

He further said the provisions of the Act spell a complete takeover of the waqf bodies. 

“In my property, I can make it a waqf. start a shelter home. Waqf by user is an essential part of the Muslim faith. It is recognised in the Rajnambhoomi judgment,” Sibal said.

Justice Viswanathan urges Sibal not to mix administration of property with essential feature of the Constitution.  

Monument protected under the 1904 or 1958 Acts will not be affected by the Act: CJI

“Now, Section 3D, any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification,” said Sibal.