From Our Bureau
NEW DELHI: The Supreme Court on Wednesday rejected a plea of Delhi BJP leader Ashwini Kumar Upadhyay to strike down a separate law on Waqf and Waqf properties since the Centre can enact only uniform law for trust, charities, charitable institutions and religious endowments and institutions.
A Bench headed by Justice D Y Chandrachud, however, grant him liberty to pursue any remedy available in law. Upadhyay ultimately withdrew the petition.
During the hearing, the Court remarked that Parliament cannot be issued any direction by a court to enact a law and the petitioner seeking a common law for all trusts since the matter falls directly in Parliament’s domain.
In his prayer, Upadhyay said any dispute on religious properties between two communities should be decided by civil court only under Section 9 of the Civil Procedure Court and not by a tribunal.
The petitioner sought to direct the Centre or Law Commission to draft a uniform code for trust-trustees and charities-charitable institutions in the spirit of Articles 14-15 and publish it on the website for public debate.
