The Supreme Court has said the pleas challenging the Waqf (Amendment) Act’s constitutional validity will now be taken up by a bench headed by Chief Justice of India-designate Justice B R Gavai on May 15 as the incumbent CJI will be demitting office on May 13.
As soon as a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan assembled for the hearing, the CJI said, “There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.”
CJI Khanna will be succeeded by Justice Gavai a day after his superannuation on May 13.
“We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” the CJI said.
“We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time,” Solicitor General Tushar Mehta, appearing for the Centre, said while indicating the retirement of the CJI.
“It is painful to remind your lordship (about the retirement),” the law officer added.
“No, no, I am looking forward to it,” the CJI responded.
The CJI categorically said the Centre’s affidavit was exhaustive and it has dealt with most of the issues regarding the concerns expressed on the earlier date.
The CJI said some figures referred to by the Centre and disputed by the other side may have to be dealt with and the case will have to be heard on any reasonably early date.
CJI Khanna, however, said it would not be possible before the bench presided over by him in view of time constraints and posted the pleas for further hearing on May 15 before a bench headed by Justice Gavai, the CJI-designate.
Earlier on April 17, the Centre assured the top court that it would neither denotify waqf properties, including “waqf by user”, nor make any appointments to the central waqf council and boards till May 5.
