Bhubaneswar (Odisha) [India], September 15 (ANI): BJP MP and former chairman of the Joint Parliamentary Committee (JPC) on the Waqf Amendment Act, Jagdambika Pal, on Monday reaffirmed the validity of the law, after the Supreme Court refused to stay the entire law but put on hold certain provisions of it.
He said that while the government would consider the interim stay, the Act was framed after consultations and extensive debates in both Houses of Parliament.
"The Supreme Court has given its approval to the Waqf Amendment Act, which was passed by the legislature after 14 hours of discussions in Lok Sabha and Rajya Sabha, and after six months of deliberations in the Joint Parliamentary Committee. It is clear that the law that has been passed is valid," the BJP MP told ANI in Bhubaneswar.
The Joint Committee on the Waqf Amendment Act was formed in August 2024 after the Bill was tabled in Parliament. The committee, under the chairmanship of Jagdambika Pal, held extensive discussions and study tours across states, including Maharashtra, Karnataka, Assam, West Bengal, and Uttar Pradesh, to talk about any instances of alleged misuse of Waqf provisions by their state's respective boards.
"A stay has been imposed on some of its provisions; the government will definitely consider that, and it will take action on that in light of the decision of the Supreme Court. As far as the practice of Islam for five years is considered, the Supreme Court has said that, for the time being, we are putting a stay on it, until the state frames a rule on it..." the BJP MP added.
The JPC report was tabled on February 2, 2025, and the law received President Droupadi Murmu's assent on April 5. The Committee comprised a total of 31 members, 21 from the Lok Sabha and 10 from the Rajya Sabha. Members of both the opposition and ruling alliance were present in the committee, including AIMIM chief Asaduddin Owaisi, TMC's Kalyan Banerjee, Congress' Gaurav Gogoi, and Imran Masood, among others.
While Pal has maintained that the committee proceedings were fair and transparent, Opposition members had alleged that they were not allowed to speak during certain times of the meeting and their suggestions were not considered.
According to the report presented to the Parliament, the committee held around 128 hours of discussions from August 2024 to January 2025, talking with various chiefs of Waqf boards across states, various representatives from the muslim community and other people.
On Monday, the Supreme Court refused to stay the entire Waqf (Amendment) Act 2025, but put on hold certain provisions pending the final adjudication of petitions challenging the constitutional validity of the Act.
A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection. Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf. It said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power.
The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property. (ANI)
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