Jawed’s plea alleged the bill imposed “arbitrary restrictions” on Waqf properties and their management, undermining the religious autonomy of the Muslim community.
The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was passed in the Lok Sabha on April 3 with 288 members supporting it and 232 against it.
“Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practise religion under Article 25,” it said.
The plea claimed the restriction discriminated against persons who had recently converted to Islam and wish to dedicate property for religious or charitable purposes, thereby violating Article 15 of the Constitution.
Article 15 deals with prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
The plea said an amendment to the composition of the Waqf Board and the Central Waqf Council mandated inclusion of non-Muslim members in Waqf administrative bodies, which was an “unwarranted interference” in religious governance unlike Hindu religious endowments, which remain exclusively managed by Hindus under various state enactments.
“This selective intervention, without imposing similar conditions on other religious institutions, is an arbitrary classification and violates Articles 14 and 15,” it said.
It said the enhanced role of state authorities in Waqf administration impinged on the right of Muslim community to manage its institutions.
