TMC MP Mahua Moitra moves SC challenging Waqf (Amendment) Act
New Delhi (PTI): Trinamool Congress (TMC) MP Mahua Moitra has also approached the Supreme Court challenging the validity of the Waqf (Amendment) Act, 2025.
Meanwhile, a three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan has listed for hearing on April 16 ten other petitions, including the one filed by AIMIM leader Asaduddin Owaisi, challenging the validity of the law.
Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq, had recently also filed a plea on the issue in the apex court.
Moitra, who filed her plea on April 9, has said the controversial amendment not only suffered from serious procedural lapses but also violated several fundamental rights enshrined in the Constitution.
“It is submitted that the violation of parliamentary practices during the law-making process has contributed to the unconstitutionality of the Waqf (Amendment) Act, 2025,” the plea said.
“Procedurally, the Chairperson of the Joint Parliamentary Committee flouted parliamentary rules and practices both at the stage of consideration and adoption of the draft report of the Joint Parliamentary Committee on the Waqf Amendment Bill and at the stage of presentation of the said report before Parliament,” it said.
The plea said that dissenting opinions from the opposition MPs were reportedly redacted without justification from the final report presented in Parliament on February 13, 2025.
Such actions undermined the deliberative process of Parliament and violated established norms as outlined in authoritative parliamentary procedure manuals, it said.
The plea said the new law allegedly infringed upon Articles 14 (equality before the law), 15(1) (non-discrimination), 19(1)(a) and (c) (freedom of speech and association), 21 (right to life and personal liberty), 25 and 26 (freedom of religion), 29 and 30 (minority rights), and Article 300A (right to property) of the Constitution.
Moitra sought striking down of the Act in its entirety, citing its procedural irregularities and substantive violations of the Constitution.
AIMIM leader Asaduddin Owaisi, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha have also moved the top court on the issue.
The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK) and Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners in the case.
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Bhojshala case: Disputed structure built from remains of pre-existing temples, claims ASI
Indore (PTI): The ASI has told the Madhya Pradesh High Court that a massive structure dating back to the Paramara kings' rule existed at the disputed Bhojshala temple-Kamal Maula mosque complex, and the current structure was built from the remains of temples.
The Archaeological Survey of India (ASI) made the claim on Tuesday based on its 98-day scientific survey and over 2,000-page report.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side claims the monument as the Kamal Maula Mosque. The disputed complex is protected by the ASI.
During the hearing before Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench, Additional Solicitor General Sunil Kumar Jain, representing the ASI, presented a detailed account of the scientific survey conducted two years ago at the complex.
Referring to the ASI's survey report, he said, "Retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc, suggest that a large structure associated with literary and educational activities existed at the site. Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period."
It can be said that the existing structure was made from the parts of earlier temples, based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, Jain said quoting the report.
Summarising the report, he also drew the court's attention to the fact that the archaeological study identifies that many architectural components, such as pillars and beams, were originally part of temple structures before being repurposed for a mosque.
"The evidence of this transition includes Sanskrit and Prakrit inscriptions that were damaged or hidden, alongside sculptures of deities and animals that were often mutilated or defaced," Jain contended.
The report also states that "all Sanskrit and Prakrit inscriptions are older than the Arabic and Persian inscriptions, indicating that users or engravers of the Sanskrit and Prakrit inscriptions occupied the place earlier".
In light of the Muslim side's earlier objections, the bench wanted to know why there were some discrepancies in the ASI's responses regarding the status of the disputed complex in the cases filed over the years.
The Additional Solicitor General argued that earlier studies of the complex involved only officials, while the current survey involved scientists and the use of advanced technologies such as Ground Penetrating Radar (GPR).
The hearing in the Bhojshala case will continue on Wednesday.
The high court has been regularly hearing four petitions and one writ appeal regarding the religious nature of the Bhojshala temple-Kamal Maula mosque complex since April 6.
