Waqf Amendment Act 2025 Supreme Court Hearing CJI BR Gavai on Donation in Dargah Kapil Sibal One Waqf Peopetey Registration | ‘There is no offering here like temples’, CJI Gavai said on Kapil Sibal’s argument

The issue of identification of government properties was raised on Tuesday (May 20, 2025) on petitions challenging the Waqf Amendment Act, 2025. On behalf of the petitioners, Senior Advocate Kapil Sibal argued that there is no offering like temples here. On this, Chief Justice Bhushan Ramakrishna Gawai said that he has gone to the dargah and he has seen that there is also a climb there.

The last hearing on the Waqf law was held on 15 May, when the CJI Gawai bench asked the Center to file an affidavit by May 19. Today, Kapil Sibal, while favoring the petitioners, said that the new Waqf law is a law to grab the property of Waqf. He objected that the government will take a decision in the dispute with the government. Kapil Sibal also argued that there is no offering like temples here, the income of the mosque is managed only by the income received from the Waqf property.

On this argument of Kapil Sibal, CJI Gavai interrupted and said, “I have gone to the dargah, there is a climb there.” Kapil Sibal said on this that G Dargah climbs, but the dargah and mosques are separated. He objected to making the registration of Waqf properties necessary and said that when the 100-200 year old Waqf papers would come from, CJI Gawai asked him if there was no provision for registration in the Waqf Act.

Kapil Sibal told the CJI that there was a provision for registration, but the result was not that the property would not be considered as Waqf. He said that the maximum arrangement was that Mutavalli, who did not register, should be removed. Now the property will not be considered as Waqf. CJI Gawai noted his objection.

Kapil Sibal has also objected to the registration of Waqf by user, he says that it is difficult to give documents in Waqf By users, who will not be able to give the property of the property, the user will not be able to give his documents. On his argument, CJI Gawai said that but after 1954 registration was made mandatory.

Kapil Sibal said that in the Archaeological Memorial Act of 1904 and 1958, there is a provision of protection from the government on the ancient Waqf property. Ownership is not transferred. Religious activities are not affected.

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