The Supreme Court on Monday said the pleas challenging the Waqf (Amendment) Act’s constitutional validity will now be taken up by a bench headed by Chief Justice of India-designate Justice B R Gavai on May 15 as the incumbent CJI will be demitting office on May 13.As soon as a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan assembled for the hearing, the CJI said, “There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.”
CJI Khanna will be succeeded by Justice Gavai a day after his superannuation on May 13.
“We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” the CJI said.
“We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time,” Solicitor General Tushar Mehta, appearing for the Centre, said while indicating the retirement of the CJI.
“It is painful to remind your lordship (about the retirement),” the law officer added.
“No no I am looking forward to it,” the CJI responded.