The Waqf (Amendment) Bill, which seeks to “effectively address" issues related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments, was introduced in Lok Sabha on Thursday.
The proposed legislation has omitted the controversial section 40 of the act which relates to the powers of the Waqf board to decide if a property is Waqf property.
The Waqf Board, on the other hand, contended that it had appropriately declared the property as Waqf and hence had the jurisdiction to force the ASI to remove the premises. It further contended that the ASI should have sought the Waqf Tribunal rather than filing a writ petition.
Imam Umer Ahmed Ilyasi, Chief Imam, All India Imam Organization said that it is the need of the hour to do amendment of Waqf Act and there should be no politics over it.
A Bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy struck down the provisions that enabled the Tamil Nadu Wakf Board Chief Executive Officer to order the eviction of encroachers.
On 3rd October, PM Modi, while addressing a rally in Telangana’s Nizamabad remarked that the state government had captured the temples and that the temples were being looted through a conspiracy involving governments.