In a dramatic turn during a crucial hearing at the Supreme Court, the Central Government made a clear assertion: “Waqf is not an essential part of Islam, it’s merely a donation mechanism.” 🕌➡️💰
🔍 Day 2 of the Hearing on the Waqf Amendment Act 2025
The Constitution Bench, led by Chief Justice BR Gavai, resumed the second day of the Waqf Amendment Act 2025 hearing — a case that has stirred both political and communal debates. The government’s argument? Crystal clear:
Temples are purely religious institutions, but Waqf Boards perform only secular tasks. ✝️🕍🕉️
💬 Tushar Mehta’s Hard-Hitting Argument: “Stop Creating Fear Around Islam” 🧱🛠️
🗣️ Solicitor General Tushar Mehta demolished the opposition’s narrative:
“Pointing fingers at Waqf is not an attack on Islam. This fear is manufactured by vested interests.”
He argued that Waqf’s role is primarily secular, managing assets like hospitals 🏥, schools 🏫, markets 🏬 — not mosques or religious rituals.
📜 “Property has no religion. Managing property is not a religious function,” Mehta said.
⚖️ Not a Fundamental Right? Game-Changer! 🎯
Tushar Mehta dropped a legal nuke:
🔥 “Even if Waqf is an Islamic concept, it is not a fundamental right. Parliament can amend or revoke it.”
He drew parallels to the Ayodhya verdict, where the SC held that mosques are not essential to Islam, just as temples are essential to Hindu worship.
⛩️➡️🕌 “You don’t need a mosque to pray, just as you need a temple for Hindu rituals,” the court had said in Ayodhya. This precedent strengthens the Modi government’s stance.
❗ Petitioner’s Locus Under Question 👥
Another major strike from the Centre: ❓”How are these petitioners even affected?”
🧾 None of the petitioners had any direct legal standing — yet were challenging a law that didn’t touch their rights or assets.
🧠 Chief Justice Weighs In: “No Strong Case Made” ❌
CJI Gavai noted:
“This Act was passed after widespread consultation — 96 lakh representations were received, and a JPC held 36 sittings. That’s democracy in action.” 🇮🇳📊
The court observed that this was not a knee-jerk or one-sided law — it underwent unprecedented scrutiny.
📂 Waqf Property: Show the Papers or Lose the Land 🗂️🏞️
A fiery exchange followed on the question: What if Waqf land has no documentation?
🗣️ Mehta’s reply:
“Even if you claim 100 years of user, you still need proof. No one gets to hold government land without documents.”
He highlighted that:
- 📆 Waqf Act of 1923 required registration within 6 months.
- 🧾 As per new law, lack of papers = no claim.
“We’re not a banana republic 🍌 — land claims need proof, not just history.”
🧱 Fake Dargahs, Strategic Conversions, and Land Grabs?
🚧 Mehta also hinted at a strategic land-grab conspiracy:
“How do tombs suddenly appear near airbases, highways, or military zones?” 🛫🛣️
He referenced illegal structures built overnight in remote areas like Badrinath-Kedarnath, despite no Muslim population in sight — all under the guise of Waqf.
“Bulldozers find these places EMPTY!” 🚜
🕵️ Smoke and Mirrors: Opposition Accused of Misleading Muslims
“Kapil Sibal, Salman Khurshid, and AIMPLB are creating a smokescreen, claiming shrines will be taken. That’s false.” 🧟♂️🌫️
Tushar Mehta made it clear:
✅ No one is taking away mosques.
✅ Taj Mahal is owned by ASI, but people still offer prayers.
✅ Mosques aren’t under threat — only land without proof is being reclaimed.
📌 Key Takeaways:
🔹 Waqf is not an essential Islamic practice – hence not protected under Article 25.
🔹 Waqf Boards manage secular assets, not religious activities.
🔹 Parliament has full authority to legislate or amend laws on Waqf.
🔹 Petitioners have no locus – no direct harm shown.
🔹 Government land can’t be claimed without documents, even if user spans 100+ years.
🔹 Fake tomb constructions in strategic zones have come under scrutiny.
🔹 Opposition’s fearmongering narrative fell flat.
🏁 What’s Next?
The hearing will continue tomorrow, and by the looks of it, the government has strongly defended the law and exposed loopholes in the opposition’s argument. 💪
🔥 Stay tuned — the final verdict may just reshape how Waqf properties are seen and managed in India.
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