On Tuesday, prominent Hindu rights advocates hari Shankar Jain and vishnu Jain filed a case in the supreme court contesting many clauses of the Waqf (Amendment) Act. Seek striking down of various provisions- Sections 3(r), 4, 5, 6(1), 7(1), 8, 28, 29, 33, 36, 41, 52, 83, 85, 89, 101 as ultra vires to Articles 14, 15, 21, 25, 27 and 300A of the Constitution.

The father-son duo were in the forefront of ayodhya case and is actively involved, leading the charge for the Hindu petitioners in Gyanwapi mosque-Kashi Vishwanath temple, krishna Janambhoomi-Shahi Idgah (Mathura), sambhal disputes. "This petition under Article 32 of the Constitution of india is being filed in public interest challenging the Constitutional Validity of the provisions of the Waqf Act, 1995 as amended by Waqf (Amendment) Act No.14 of 2025 (hereinafter referred to as the 'Act') and notified on 08.04.2025 as those provisions violate Articles 14, 15, 21, 25,26,27 and 300A-of the Constitution of india due to which Muslims have been able to capture illegally the property of public utility, the government Land, Gram Samaj Lands and the lands of religious places of Hindus and they have created a big empire and are earning crores of Rupees at the cost of general public and every member of the public is severely affected by the impugned provisions which are not only discriminatory but extend undue favours to the Muslim Community creating disbalance and disharmony in the indian society and putting the life, property and religious rights of Hindus at peril," said the petition.
 
Key Points

1) Declare that, in the course of exercising its authority under Section 3C (added in 2025) and assessing whether the Revenue Record is accurate in identifying government property, the relevant government shall take all reasonable measures to identify the personal or religious properties of members of the Hindu Community that have been unlawfully registered as Waqf properties.

 2) Issue the proper writ, order, or directive instructing the indian government to take decisive action to reclaim all of the property that has been transferred or recorded in the Waqf Board's name but was recorded in the revenue record under the same names, including Shamlat Deh, Shamlat Patti, and Jumla Mulkkan.
 
3) State that Hindus and non-Muslims are not covered by the phrase "any person aggrieved" found in Sections 6(1) and 7(1) and cannot be impacted by any action, decision, or order made in the proceeding under Sections 4 and 5 of the Waqf Act.

4) Declare that the provisions of Sections 83 and 85 of the Waqf Act do not apply to members of the Hindu or non-Islamic communities, and that they may file a civil lawsuit against any action conducted under the Waqf Act.
 
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SIBY JEYYA

16/04/2025 10:11 AM