Waqf Act: AIMPLB questions correctness of Centre's affidavit in SC

Update: 2025-05-03 17:00 GMT

New Delhi: The All India Muslim Personal Law Board (AIMPLB) has accused the Centre of submitting incorrect data in the Supreme Court in the Waqf case and sought action against the officer concerned for filing a "false affidavit".

The board has expressed serious objections to the statement made by the government that there has been a "shocking increase" in the number of Waqf properties uploaded in the central portal after 2013.

The AIMPLB has accused the Centre of placing incorrect data and sought action against the officer concerned of the Ministry of Minority Affairs for filing a "false affidavit".

"It appears that in its affidavit, the Union of India is suggesting that all the properties registered as Waqf before 2013 were immediately uploaded on the WAMSI portal, when it became operational. At page 158, the first column with the title 'number of properties in 2013' to say that the number of Waqf properties reflected therein were the only registered properties is mischievous.

"The deponent of the counter-affidavit has not been candid to this court and, it appears, has carefully avoided making a statement that 'all the registered Waqf properties were uploaded on the web portal in the year 2013'. Since this crucial aspect is missing in the affidavit, the sanctity of this chart itself is seriously doubtful," the AIMPLB has said.

It has said that the deponent (the officer who filed the affidavit) must file an affidavit and state that the number of properties reflected on the Waqf Management System of India (WAMSI) Project portal contained all the registered Waqfs as on 2013.

"Thus, the claim that there has been a 'shocking' increase in the number of Waqf properties since 2013 is a claim that is unsupported and amounts to scurrilous allegation in pleading. This Hon'ble court has the power to strike off such pleadings," the board has said.

The Centre, on April 25, defended the amended Waqf Act in the Supreme Court and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

In a preliminary 1,332-page affidavit, the Centre urged the top court to dismiss the pleas challenging the validity of the Waqf (Amendment) Act, 2025, pointing out a "mischievous false narrative" surrounding certain provisions of the law.

The government claimed a "shocking increase" of 116 per cent in the number of Waqf properties in the country since 2013. It also opposed the arguments over the necessary registration of "Waqf by user" properties till April 8, saying if the provision is interfered with by an interim order, it would amount to the "creation of a legislative regime by a judicial order".

On April 17, the Centre assured the top court that it would neither de-notify Waqf properties, including the "Waqf by user" properties, nor make any appointments to the central waqf council and boards till May 5.

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