CJI: We are only concerned whether 2025 Act should be stayed or not; proceed Mr Mehta SG Mehta: will conclude in 10 minutes; Lordship had to hear 3 days which ex facie means nothing unconstitutional per se

SG Mehta: it is not difficult for anyone to raise proposition but merely because it could be argued does not mean it deserves to be stay of a validity passed statute by competent legislature

SG Mehta: I prepared note- it only contains law, no fact on the three issues earlier argued. 1. S 3(E)- for protection of tribes, scheduled tribes in scheduled areas are constitutionally protected class, sum and substance of judgments I referred is that its constitutionally

CJI: What is the nexus of not making application of Act to Scheduled VI? Instance, if lands were grabbed taking advantage of social backwardness, then?

SG Mehta: waqf is to Allah, it goes forever. for purpose of interim order, if found unconstitutional, it can be quashed. but if a waqf is there, it will be an irreversible situation. JCP says tribals may follow Islam but they have their separate cultural identity. J Masih: Does

SG Mehta: I am saying- would that be a ground to stay when I have not given an opportunity to be heard? I could have filed statistics

SG Mehta: they can always create a trust

SG Mehta: P Ramareddy v. Andhra Pradesh referred: After final hearing that this may not muster under Article 14, mylords can strike down and it would be open for them to create waqf- Is it so egregious that it needs to be stayed today?

SG Mehta: I am unable to go purchase the land of tribals because state law restricts. If I create waqf and mutawalli does what he wants..mylords can always strike it down. Pls bear in mind if the provision is so atrocious that it needs to be stayed

SG Mehta: Pls see S. 104 [now deleted in 2025 Act] - in 2013, non-Muslims were allowed to create waqf- in 1923, it was said it was used to defraud creditors- by virtue of 104, I would create waqf and by senior who had to execute a decree to recover from me, now he cannot

SG Mehta: it does not deprive non-Muslim to donate to waqf-this is also why 5 years- you have to show you are Muslim do that you don't use this device of waqf to defraud- this accepted 102 years ago and the menace continues JPC says if you have faith in waqf, donate it. See S.

J Masih: it says no immovable property can be donated how does it cover you? CJI: was this brought in 2013, removed in 2025 SG Mehta: from 1923 to 2013- any Muslim can create waqf, in 2013- any Muslim was deleted and any person was inserted