 petition challenging constitutional validity of the Waqf Act.){kind=link}
The BJP leader Ashwini Upadhyay has been instructed by the Delhi High Court for responding to the intervention application filed by Jamiat Ulama-i-Hind in his Public Interest Litigation (PIL) petition challenging constitutional validity of the Waqf Act.
A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad have asked the BJP leader to respond to the application filed by Jamiat’s before the petition is listed for hearing on November 4.
The Delhi High Court has issued notices on Upadhyay’s PIL challenging the validity of the Waqf Act in May.
The Jamiat has approached the High Court for dismissal of Upadhyay’s plea stating that he filed several frivolous PILs in the past also with the ulterior motives.
The plea argued “On at least two occasions, no less than the Hon’ble Chief Justice of India, himself seems to have rebuked the petitioner for filing frivolous petitions.
The application said that Upadhyay has filed innumerable petitions challenging the the civil laws pertaining to only Muslims in India with the sole purpose of harassing the muslims.
The application suggested that the Hon’ble court, while granting any indulgence to him while entertaining his petition must examine malafide intent of scrupulous litigants like the present petitioner.”
Jamiat has also said that Upadhyay has made a false statement deliberately in his petition that only Centre is likely to be affected by the orders sought.
The Application talks about the statutory Waqf Boards which is in each state of the Union of India which can be impact by the present petition.
The application highlights that Upadhyay has also misled the Court by stating that the Waqf Act is without object and reasons. He also told the court about the detailed ‘Statement of Objects and Reasons’ in the 1995 Act highlighting its background, purpose and feature.