New Delhi, Sep 15: The Supreme Court has put on hold several provisions of the Waqf (Amendment) Act while noting that they may lead to an arbitrary exercise of authority.
A bench headed by Chief Justice of India BR Gavai, along with Justice AG Masih, observed that while the entire law would not be stayed, certain sections required protection. The court said the provision giving district Collectors the power to decide ownership of Waqf properties would remain suspended.
It stated that Collectors cannot adjudicate personal rights and that such disputes should go before the tribunal. Until then, no third-party rights can be created.
The court also restricted the composition of Waqf boards, saying not more than three non-Muslim members can be included, and not more than four in the Central Waqf Council. Another provision, which required a person to practise Islam for at least five years before declaring a Waqf, was also put on hold.
The bench reiterated that courts generally presume statutes to be constitutional and intervene only in exceptional cases.
The amendments to the 1995 Waqf law were passed by Parliament and received Presidential assent in April. Several Muslim organisations opposed the changes, arguing that they undermined Waqf institutions and raised concerns over land ownership. The government maintained that the amendments were intended to address disputes and encroachments involving Waqf properties.
The All India Muslim Personal Law Board, one of the petitioners, welcomed the court’s order. Its member, Syed Qasim Rasool Ilyas, said the organisation’s objections regarding Waqf by user, protected monuments, and the five-year clause had been addressed. (KNS)
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