Tuesday, 02 January 2024 12:17 GMT

Waqf Case: Supreme Court Reserves Interim Orders On Three Issues Details Here


(MENAFN- Live Mint) The Supreme Court on Thursday reserved its interim orders on three issues, including the power to denotify properties declared as“waqf by courts, waqf-by-user or waqf by deed” after hearing a clutch of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

Before reserving the interim orders, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih heard senior advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi on behalf of those opposed to the amended waqf law and Solicitor General Tushar Mehta , representing the Centre, for about three consecutive days.

The Centre strongly defended the Act, saying waqf by its very nature is a“secular concept” and can't be stayed given the“presumption of constitutionality” in its favour.

Sibal, leading the petitioners, described the law as a "complete departure from historical legal and constitutional principles" and a means to "capture waqf through a non-judicial process".

"This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised," Sibal said.

Also Read | 'Nobody has right over govt land': Centre tells SC on pleas challenging Waqf Act Also Read | Waqf hearing in SC: Once a Waqf, always a Waqf, says Kapil Sibal | Top 5 points

The petitioners at the present stage sought interim orders on three key issues.

One of the issues related to the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.

The second issue was over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members whereas the last one is over the provision stipulating a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

Also Read | Kerala Hindu body moves SC against Waqf Act

The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5.

The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.

MENAFN22052025007365015876ID1109582686



Live Mint

Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.