New Delhi:
The judiciary is independent and has a duty to check whether a law confirms to the Constitution, AIMIM chief Asaduddin Owaisi said today when asked about allegations of judicial over-reach after the Supreme Court decided to hear the petitions challenging the amended Waqf law.
In an exclusive interview to NDTV, Mr Owaisi said the top court has to see whether a law is violating freedoms and fundamental rights, or even the basic structure of the constitution.
“One has to accept.. The government is behaving like a small child. Oh, if I don’t get my toy, I’ll cry. That is not the case,” said the AIMIM chief who has filed one of the petitions challenging the amended Waqf law in the Supreme Court.
The top court agreed to Centre’s assurance to put on hold two key provisions of the law for a week, while the Centre files a response to the petitions that contend the law is unconstitutional.
The petitioners have claimed the law upends multiple rights granted by the Constitution, including right to equality and freedom of religion.
But even considering that the law is meant only to help regulate Waqf properties better, the Muslim community will lose out, Mr Owaisi contended.
Mr Owaisi said there are seven sections wherein the Muslims will be losing Waqf property.
“Our protest and our legal battle will continue because unless until we are successful in calling this law unconstitutional, the government will be looting the properties and the Muslims will be the sufferers over here,” he said.
Asked what in his view is the strongest constitutional argument against the amended law, Mr Owaisi said if the issue becomes a protracted legal battle, the Waqf board and the Muslim community stand to lose more.
Citing an example, he said now that the law of limitation has been applied to Waqf properties, “basically the encroaches will, will become owners as of now”.
Under section 2, the properties which were part of Waqf, will not be part of it, and this “reward the richest man of our country, uh, who has built his great palatial homeowner, Khoja Koja orphanage”.
There is also the 5-year limit of practising Islam. “Now please tell me who will decide whether one is practising or not,” he said.
“Fourthly, we will be losing all evacuee properties because today onwards, they will become under the government custodian,” he added.
