The Supreme Court will continue on April 17, hearing on action questioning the WAQF Act, 2025, which began on Wednesday.
The matters are heard by the bench of the chief judge of India (CJI) Sanjiv Khanna, justice Sanjay Kumar and the judiciary KV Viswanathan. The Supreme Court stopped on Wednesday before the provisional order was handed over.
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The bench was about to dictate interim order when Tushar Mehta, the general lawyer (SG), appeared for the center, looking for more time. The court then stated that the case would be heard again on 17th April before passing orders.
Marked three provisions
During the hearing, the court raised concerns about three provisions in the amended law and at the same time indicated that it could remain in these parts of the law of question. These three parts include the concept of “WAQF-by-user”, representation of non-Muslims on WAQF boards, and collectors’ powers to change the state of the disputed country WAQF.
“At this stage of the challenge, we usually do not stay legislation, unless it is exceptional. This seems to be an exception. It is concerned that if the user is denotified, it could have huge consequences,” said Sanjiv Khanna, Chief Judge Khanna in oral observations.
Law Waqf (Aneledment), 2025, This came into force at the beginning of this month, was questioned by a dose of petition. Lok Sabha and Rajya Sabha approved the bill during the recently closed budget meeting of parliament. President of the Murm She gave her consent to the proposed Act 5 April.
WAQF-by user
The modified law of WAQF eliminated the concept of “waqf-by-user”.
The concept of “waqf-by-user” concerns the practice where the property is recognized as WAQF on the basis of its long-term, continuous use for such purposes, even if there is no formal registration. This provision in the amended law may potentially raise questions about the position of many WAQF qualities.
“As far as users are concerned, it will be very difficult to register. So there is ambiguity. You can say that waqf-by-users are also abused. You are right there that you were also right there.
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In the defense of the provisions in the amended right of Mehta, the registration of the WAQF real estate has been compulsory since the first law of WAQF in 1923.
Nomlim nominations on WAQF boards
Senior advocate Kapil Sibal, who appeared for the petitioners, spoke about Section 9, 14 in the New Act on the Nomlim nomlim nominations on the Central Waqf Council and State Council. Sibal said it was a direct violation of Article 26.
Section 9 in the New Act limits Muslims to only eight people in the Council 22 members and Section 14 for WAQF Councils, which is essentially provided by four Muslims out of 11 nominated members in States and Delhi.
“Whenever it is a Hindu foundation, do you allow Muslims to be members of these authorities?
SG stated that the new rule would only apply to the Council reconstructed after the arrival of the law.
The role of a district collector
The new law also states in Section 3C that if any question arises as to whether any WAQF property is government assets, an officer will carry out an investigation over the rank of the district collector and determine whether the assets belong to the government.
At this stage of the challenge, we usually do not remain legislation if it is not exceptional. It seems to be an exception.
“Is it fair? When the collector begins a question AI when he has not decided yet, do you say that it cannot be treated as WAQF. We want the answer – what purpose will this exhibition serve?” The court said.
The leaders of Sibal, Rajiv Dhavan and Abhishek Manu Singhvi, appear for the petitioners. He said that this act was a clear violation of the fundamental rights of Muslims. SG Mehta appears for the center.
(With the inputs from the bar and the bench and liveliness)
(Tagstotranslate) WAQF
