Waqf Amendment Act Supreme Court Hearing When we sit on Bench we lose our Religion CJI Sanjiv Khanna Important quotes

While hearing the petitions filed against the Waqf Amendment Act, Chief Justice (CJI) Sanjeev Khanna raised many questions from the petitioners and the Center. During this, he has also made very important comments. There is one such important comment, in which SGI Sanjeev Khanna said- When the bench sits for hearing, the judge forgets which religion he is from and for them both sides are the same.

The bench along with CJI Sanjeev Khanna also included Justice KV Vishwanathan and Justice Sanjay Kumar. During the hearing, the CJI made this comment when SG Tushar Mehta said that if the court is arguing to include non-Hindus in the Hindu Board, according to that logic, the existing bench cannot hear about the Waqf. On this, the CJI said that when there is talk about the council taking care of religious matters, questions can arise. How can you compare the governing board issue of the temple with judges that the bench should have judges of different communities.

Let us know what more Justice Sanjeev Khanna said-

• CJI Sanjeev Khanna said that dinotifying the assets of Waqf by user, which has been established under the law, will create a big problem. He sought an answer from the Center that if an old mosque does not have documents, then how will they be registered.
  
• Waqf by user is the property that is considered a Waqf due to being used for a long time for religious or philanthropic purposes, even if he does not have any formal documents. There is a provision to remove Waqf by users in the new law. However, it has been given a discount that it will not apply to properties that are disputed or on government land.
  
• CJI Sanjeev Khanna told the petitioner’s counsel Abhishek Manu Singhvi, “We were told that the Delhi High Court and Oberoi Hotel are also on the bail of Waqf …
• The CJI asked Solicitor General Tushar Mehta, presented by the Center, how those people will register Waqf by users according to the new law, who have been living on Waqf’s land for a long time because they will have to give documents for it. He said that it is true that some places have been misused, but some are also real. The CJI said that he has also read the decisions of the Prevy Council, in which Waqf by user has been recognized. If you remove the Waqf by user then there can be a big issue.
• CJI made another important comment and told the government that you cannot write history again. He told SG Mehta, “If a public trust was declared Waqf 100-200 years ago … Today suddenly you say that it was captured by Waqf.” On this, SG Mehta said that it means that if someone has a Waqf, it can be made a trust, for which there is a provision in the law. The CJI interrupted them and said, ‘You cannot write history again.’
• During the hearing, CJI Khanna also told SG Mehta that according to the federal law, there will be eight Muslims in the Waqf Board and two can be non-Muslim. The CJI asked if he would allow non-Hindu or Muslims to join the Hindu Trust. Tushar Mehta said on this that according to this logic, even this bench cannot hear Waqf. The CJI interrupted him and said how he can compare it with the judges. He said, ‘Are you saying that now it is allowed to include non-Hindu in Hindu settlement, speak openly.’ The three judges in the bench hearing about Waqf are non-Muslim.
• During the hearing, Kapil Sibal questioned that according to this law, only the person who follows Islam for five years can donate property, he will have to give proof, but why should the state government have the right to decide whether there is a Muslim or not. Kapil Sibal said that who is going to tell someone in the state government, who will go to the religion of Islam. On this argument of Kapil Sibal, Chief Justice Sanjeev Khanna interrupted him, ‘But this happens in Hinduism … So Parliament enacted a law for Muslims. It may not be like Hindus … Article 26 of the Constitution will not stop making laws in this matter. He said that Article 26 is omnipotent and it is secular because it applies to all.

Also read:-
Waqf Amendment Act: … So how can a non-Muslim judge be heard on Waqf? You must read CJI’s answer on SG’s argument