The BJP government of Rajasthan has approached the Supreme Court, seeking to defend the Waqf Amendment law that has been challenged by many. A clutch of petitions — including one by AIMIM chief Asaduddin Owaisi has been filed, which will be heard by the top court on Wednesday.
“Rajasthan government has substantial Waqf properties. So after due deliberation, the state has decided to file a petition saying no decision be taken without hearing them out,” Shiv Mangal Sharma, the state’s Additional Advocate General, told NDTV.
Sources said it is also likely that other states will file similar petitions.
In its application, the Rajasthan Government, has said it has a “direct, substantial, and legally protectable interest in the matter”, being the primary executive authority responsible for the administration and regulation of the state’s Waqf properties.
The amended law is “as a transparent and constitutionally sound reform aimed at curbing arbitrary inclusion of government and private land as Waqf property”.
In several instances, this has paralyzed public development and infrastructure projects, the state has contended.
This situation can be helped by one of the key provisions of the amended law — the mandatory public notice and objection mechanism before any land is listed as a Waqf property.
The state has also said the legislation was backed unanimously by the Joint Parliamentary Committee after taking into account the views of more than 284 stakeholders, including Waqf Boards, State Governments, and legal experts.
The law, it said, does not infringe on religious freedom granted by the constitution or violates equality before law under Articles 14 and 15, as claimed in the petitions.
