Jamiat Ulama-I-Hind Moves Delhi High Court Opposing PIL Challenging Vires Of Waqf Act

Jamiat Ulama-i-Hind, a social religious organization, has moved the Delhi High Court opposing a public interest litigation filed by BJP leader and Advocate Ashwini Kumar Upadhyay challenging the constitutional validity of various provisions of Waqf Act, 1995.

A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad today issued notice and sought reply from the respondents in the impleadment application, while listing the matter for hearing on November 4, the date already fixed.

The Court also issued notice to the Central Waqf Council.

In the impleadment application, it has been stated that the PIL is not maintainable and is liable to be dismissed with exemplary costs.

"It is submitted that the prayers of the present Writ Petition has been framed in a manner that seems to suggest that the Legislature is subordinate to the Judiciary, rather than being equal pillars of the sovereign, socialist, secular, democratic, republic of India. Needless to say, the doctrine of separation of powers has been held to be part of the basic structure of the Constitution of India in His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr," the application reads.

The application further avers that the PIL fails to acknowledge that the issue is not only a matter of Central List in the Constitution of India but is a matter of Concurrent List where the States regulate the issue of Waqf through legislative, executive and administrative actions.

"It goes without saying that any order to be passed by this Hon'ble Court in relation to the prayers a to d, all the States Waqf Boards located in different states (custodian of Waqf Properties) are bound to get impacted if any order is passed without them being heard in the present proceedings. Hence, it is necessary that at this stage, the future proceedings in the matter be stopped and the Petition be returned to the Petitioner in view of the fact that the Petitioner has not made all the stakeholders as proper and necessary parties to the present proceedings," the application adds.

Accordingly, it has been prayed that the PIL be dismissed with heavy costs.

Upadhyay objected to the impleadment application, claiming that the organization Jamiat Ulama-i-Hind is a separatist organization, which supports issues like triple talaq, polygamy, etc.

In his PIL, Upadhyay has sought a uniform law for Trust and Trustees, Charities and Charitable Institutions and Religious Endowments and Institutions, thereby challenging the vires of sec. 4, 5, 6, 7, 8, 9, 14 of the Waqf Act, 1995 as being manifestly arbitrary and irrational.

It also seeks a direction on the Centre or Law Commission of India to draft a 'Uniform Code for Trust-Trustees and Charities-Charitable Institutions' in spirit of Articles 14 and 15 and publish it for public debate and feedback.

The plea challenges the validity of provisions of Waqf Act 1995, by stating that while they are made under the garb of managing waqf properties but there are no similar laws for followers of Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism & Christianity. Hence, it is against the secularism, unity and integrity of the nation, the plea adds.

Notice was issued on the PIL in April this year.

Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS