Grave violation of fundamental rights, entire Waqf Act unconstitutional: AIMIM chief Owaisi

New Delhi [India], April 17 (ANI): AIMIM President Asaduddin Owaisi on Thursday renewed his attack on the Waqf Act, calling it "unconstitutional" and a violation of several fundamental rights, even as the Supreme Court continues to hear petitions challenging key provisions of the law.
Speaking on the ongoing hearing in the Supreme Court regarding the Act, Owaisi said, "We consider that entire Act to be unconstitutional. And it is a grave violation of Article 25, 26, 14, 15 and 29. We have already said this before, and today I am saying it again in front of you."
Owaisi referred to the Supreme Court's observations on key provisions of the Waqf Act. "The Honourable Supreme Court, as pointed out by my counsel Mr Nizam Pasha, has stated that the Central Waqf Council and the State Waqf board will not be constituted, Waqf by user cannot be deleted," he said.
He further said that his party has challenged several provisions of the Act before the court and will continue the legal battle. "There are other provisions as well, which we as a party have taken to the Supreme Court, calling them unconstitutional. Whenever it will be heard, our counsel Mr Nizam Pasha, on my behalf, will continue to pursue the matter," he said.
Referring to earlier legislative proceedings, Owaisi said he had opposed the amendments to the Waqf Act in Parliament. "As you know very well, during the deliberations of the Joint Working Committee, I submitted a dissent report opposing all the amendments that were proposed by the government and during the debate in Parliament on the consideration and the passing of the bill, I have opposed every single amendment," he said.
"I called it unconstitutional then, and I still call this law unconstitutional because it violates the fundamental rights under Articles 14, 15, 25, 26, and 29," he added.
The Supreme Court on Wednesday noted that it may stay certain key provisions of the Act, including allowing non-Muslims to be part of Waqf Boards and the Central Waqf Council, and the powers given to District Collectors to decide disputes over Waqf properties.
The bench, led by Chief Justice of India DY Chandrachud and comprising Justices PV Sanjay Kumar and KV Viswanathan, said it was considering an interim order to balance the situation. "We will say that whichever properties have been declared by the court to be Waqf or held to be Waqf will not be de-notified as Waqfs or be treated as non-Waqf properties, whether they are by Waqf-by-user or waqf-by-declaration or otherwise... declared by courts or otherwise also," the bench said.
"Second, Collector can continue with proceedings, but the proviso will not be given effect to. If he wants, he can move an application before this court, and we can modify it. Third, as far as the constitution of the Board and Council is concerned, ex officio members can be appointed, regardless of their faith, but the other members should be Muslims," the CJI added.
CJI Chandrachud also said the government "cannot rewrite history" through the amendments to the Waqf law that allow de-notification of properties already declared as Waqf.
On the issue of non-Muslims in Waqf Boards, Justice Viswanathan remarked, "Whenever it comes to Hindu endowments, it would be Hindus who would be governing."
Senior advocate Kapil Sibal, appearing for one of the petitioners, also objected to the new provision that allows a District Collector to decide whether a property is Waqf. "This is per se unconstitutional. This also states that the property will not be a Waqf until the officer decides so. Only Muslims had been part of the Waqf council and Boards, but now, after the amendment, even Hindus can be a part of it," he said.
"It is a parliamentary usurpation of the faith of 200 million persons," Sibal added.
Meanwhile, the Supreme Court took note of the Solicitor General's assurance that no appointments to the Waqf Boards or Council will be made until the next hearing. The court also said that existing Waqf properties, whether registered by the user or declared through notification, will not be identified until further orders.
The Solicitor General argued that the Waqf Act was a well-considered piece of legislation and said the Centre had received several representations about land being classified as Waqf. He said staying the entire Act would be too harsh and requested a week to submit a detailed reply.
The court clarified that it does not want the current situation to change while the case is under consideration and reiterated that a complete stay on the Act would not be passed at this stage.
Several petitions have been filed in the Supreme Court challenging the amendments to the Waqf Act, arguing that they are discriminatory and violate the fundamental rights of the Muslim community.
President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, on April 5, after it was passed in Parliament following intense debates in both Houses. (ANI)