Waqf Amendment Act has no retrospective effect: Kerala HC
The court held there is no retrospective effect for the insertion of Section 52A in 2013 in the Waqf Act.
Opposition members of the Joint Parliamentary Committee (JPC) on the Waqf Amendment Bill, 2024 protested on Tuesday that the Delhi Waqf Board called to give evidence before the committee did not have the approval of the Delhi government to do so.
The JPC had met to hear the Delhi Waqf Board and the officials of the Ministry of Minority Affairs on the controversial provisions of the Bill.
The Opposition MPs argued that the permission to allow the Delhi Waqf Board to give presentations, without any approval from the government of Delhi, was illegal. They said the Waqf Board is under the Ministry of Minority Affairs and the Ministry is working under an elected government. Therefore, any report submitted by the Waqf Board needs to get approval from the government, which the CEO of the Delhi Waqf Board ignored.
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After consultation with the Secretary-General of Lok Sabha, the JPC had agreed to hear the views and suggestions of the Delhi Waqf Board without any approval from the Delhi government.
On Monday also, the Opposition MPs, alleging biased proceedings, staged a walkout from the JPC chaired by Mr Jagdambika Pal.
They alleged that the Municipal Corporation of Delhi (MCD) commissioner and Delhi Waqf Board CEO Ashwini Kumar had “completely altered” the initial report of the Waqf Board and claimed the chief minister’s approval in the matter was not sought. The Opposition MPs later rejoined the JPC meeting.
The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha in August, aims to bring major reforms by introducing digitisation, stricter audits, transparency, and legal mechanisms to reclaim illegally occupied properties.
The JPC is conducting a series of meetings to gather input from government officials, legal experts, Waqf Board members, and community representatives across different states and Union Territories, aiming to create a comprehensive Bill.
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