Senior advocate Harish Salve, representing the Dawoodi Bohra community, informed the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill that the community should be excluded from the jurisdiction of any Waqf board. Salve argued that the proposed legislation fails to recognise the Dawoodi Bohras' unique status within the larger Muslim community. This marks the first instance of any Muslim sect seeking exemption from the proposed Waqf law.

In a written submission to the JPC, Salve said the Dawoodi Bohra community is a “small and tightly-knit” denomination. “Its affairs do not need the kind of regulation that may be considered necessary or even desirable in relation to other denominations that do not believe in any such religious tenet,” the submission said, according to people familiar with the matter.

The submission emphasised the need for Dawoodi Bohra community members to have the freedom to establish, maintain, manage, and administer their properties in line with their beliefs and essential religious practices. Although Waqf boards typically oversee Islamic charitable endowments, the Dawoodi Bohra community referenced several Supreme Court judgments, highlighting that the judiciary has acknowledged their "distinctive structure."

Salve extensively discussed the unique characteristics of the Dawoodi Bohra community, particularly the institution of ‘al-Dai al-Mutlaq’, a living leader with absolute and unquestioned authority over the community’s affairs. He argued that no Waqf board should be granted the final authority over the community’s properties and related matters.

The appeal carries political weight, as the small but affluent community is known for its support of Prime Minister Narendra Modi. During the inauguration of the Dawoodi Bohra community’s Arabic academy in Mumbai last year, Modi remarked, “I am your family member.”

On Tuesday, an Opposition lawmaker from the Joint Parliamentary Committee (JPC) met Lok Sabha Speaker Om Birla to file a complaint regarding the rushed approach of the panel’s chairperson, BJP MP Jagdambika Pal. In their letter, the Opposition called on the Speaker to "direct" Pal to ensure decisions are made consensually to maintain the panel’s free and fair functioning. A senior Opposition leader, speaking anonymously, stated, “Birla has assured he will address the issue.”

A government official, however, emphasised that the panel chairperson was keen on submitting the Waqf Bill report to Parliament during the first week of the upcoming winter session, “the panel might go for another study trip covering Lucknow, Guwahati and Kolkata before finalising its report,” the official said, declining to be named.

BJP lawmaker Tejasvi Surya, representing Bangalore South and also a member of the JPC on the Waqf Bill, suggested that the panel’s chairperson might visit Karnataka amidst the ongoing political controversy in the state concerning alleged Waqf notices being issued to some farmers.

Salve’s submission to the JPC further argued that any legislation attempting to place such properties under the control of the Waqf board would contradict the faith and essential religious practices of the Dawoodi Bohra community, which are protected under Articles 25 and 26 of the Indian Constitution, as stated by the individuals mentioned earlier.