The Allahabad High Court has issued notice to the Advocate General of Uttar Pradesh, Ajay Kumar Mishra and Attorney General for India R Venkataramani in a plea challenging constitutionality of the Waqf Act, 1995.
Chief Justice Rajesh Bindal and Justice JJ Munir stated passed this order stating that as validity of an enactment of the parliament is under challenge, let notice be issued to Attorney General of India, Advocate General of U.P. and the respondent no. 3 for December 15, 2022.
The matter will be slated to be heard on December 15.
The plea by Ashish Tewari, has asked for directions to declare any notification, order, decision or rule issued under the Waqf Act to be non-applicable to the non-Islamic communities.
The plea has also asked for quashing of certain provisions of Waqf Act as being violative of Articles 14, 15, 25, 26, 27 and 300-A of the Constitution.
The petition says that in the impugned Act there is no safeguard for Hindus and non-Islamic communities to save their religious and private properties from being included in the list of Waqf issued by the Government or by the Waqf Boards.
It further says that Hindu and other religious communities are being discriminated and the impugned provisions violate Articles 14, 15, 25, 27 and 300-A of the Constitution of India.
The petition also states that the provisions contained in Sections 4, 5, 36 and 40 of the Waqf Act, 1995 are not in conformity with the theme underlying Article 14 of the Constitution of India as no proper safeguard has been provided against the inclusion of any property as waqf property.
The petitioner has stated that the provisions of Waqf Act are not in consonance with the principles of natural justice, as there are no provisions for hearing a complaint from someone who want to oppose the inclusion of the property as Waqf Property.
The petitioner submitted that if the Waqf Board has reason to believe that any property of Trust or Society is a Waqf property it should give proof and reason as to why the property was not registered as Waqf property.
He said the case here is that the decision of the Board is final subject which hangs the fate of properties of Trust or Societies to the will of the Board.
Petitioner says that this is nothing but a gross violation of the provisions contained in Article 14 15, 26 and 300-A of the Constitution of India.”