CJI: we must read any with regards to the surrender of rights in a very strict context , surrender of rights even in a preconstitutional era should be accepted with the strictest possible construction because you are really stating that in that sense someone otherwise entitled to that right will be surrendering their right. Post constitution offcourse there's no waiver at all

CJI: we are now dealing with a post constitutional assertion of rights of a minority who found its post constitutional assertion on the basis of institutions founded in pre constitution. If you take a view of legal positivism the answer is very clear, establish-establish by law -not established by Muslims even look at it in a very strict positivist sense then the answer is clear.