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TMC MP Mahua Moitra Moves SC Challenges WAQF (Amendment) Act

New Delhi: Trinamool Congress (TMC) Congressman Mahua Moitra also challenged the WAQF (Amendment) Act, the effectiveness of 2025.

Meanwhile, the three benches, including a petition filed by Aimim leader Asaduddin Owaisi, challenged the validity of the law.

The Samajwadi MP of Sambhal of Zia-ur-Rahman Barq also recently filed a request on the matter in the Supreme Court.

Moitra, who filed a petition on April 9, said the controversial amendment suffered not only serious procedural errors but also violated several fundamental rights as stated in the Constitution.

“It is believed that violations of parliamentary practices during the legislative process have led to the unconstitutional unconstitutionality of the WAQF (Amendment) Act, the request said.

“Procedurally, the Chairman of the Joint Congress Committee of the Joint Congress Committee violated parliamentary rules and practices in the consideration and adoption of the draft report of the Joint Congress Committee of the WAQF Amendment and the above-mentioned reporting stage before the Parliament.”

The request said that the objections of opposition members of the MPs were reportedly ruled in the final report submitted in Parliament on February 13, 2025.

It said that such action undermined the deliberation process of parliament and violated established norms outlined in the authoritative parliamentary procedure manual.

The request states that alleged violations of Article 14 (Equality before the law), 15 (1) (non-discrimination), 19 (1) (a) and (c) (Freedom of Expression and Association), pp. 21 (Right of Life and Body Freedom), 25 and 26 (Religious Freedom), pp. 29 and 30 (Minority Right), and pp. 300A (Religious Right), pp. 300A (Right of Religious Freedom) (Right of Religious Freedom), alleged violations of Article 15, paragraph 1 (1) (non-discrimination), and pp. 300A (Right of Freedom of Expression), allegedly infringing Section 15 (1) (a) and (Freedom of Expression).

Moitra seeks full blow to the bill on the grounds of its procedural irregularities and substantial assault on the Constitution.

AIMIM leader Asaduddin Owaisi, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha have also moved the top court on the issue.

All India Muslim Private Law Commission (AIMPLB), Jamiat Ulama-I-Hind, Dravida Munnetra Kazhagam (DMK) and MPs Imran Pratapgarhi and Mohammad Jawed were other major petitioners in the case.

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