SC Refuses To Stay Entire Waqf Law, Stalls Certain Provisions

2025-09-15 02:06:28

(MENAFN- Kashmir Observer)
File Photo Of Supreme Court Of India

New Delhi- The Supreme Court on Monday refused to stay the Waqf law, saying there was a“presumption” of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.

Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said,“We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.”

The top court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.

It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.

“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,...,” the CJI said.

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