"Many of our points have been accepted": Petitioners welcome SC stay on certain Waqf Act provisions

New Delhi [India], September 15 (ANI): Petitioners have welcomed the Supreme Court interim order staying certain provisions of the Waqf (Amendment) Act, 2025.

Syed Qasim Rasool Ilyas, member of the All India Muslim Personal Law Board and a petitioner, said that many of the points raised, including issues related to Waqf by User and protection of monuments, have been accepted by the court.

To a large extent, our point has been accepted. Our point on Waqf by User has been accepted. Along with this, our point on protected monuments has also been accepted, that there will be no third-party claim. The five-year amendment that was imposed has been removed, and along with this, Ilyas told ANI outside the Supreme Court.

I want to say that by and large, many of our points have been accepted, and we think that there is satisfaction to a large extent, he added.

Advocate Anas Tanweer, who also challenged the Act, described the order as balanced, noting it requires careful examination.

The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years, which has been stayed because there is no mechanism to determine whether someone has been a Muslim for five years or not, he told ANI.

On the other hand, Advocate Varuna Sinha, representing petitioners supporting the amendments, clarified that the changes introduced by the Centre were not stayed.

There is no stay on the amendments brought in by the central government. Only there is an interim order in favour of the petitioners regarding that they cannot be deprived of the Waqf property without following the procedure laid down in the law, including the amended law. If any Waqf has to be taken by the government, then the procedure laid down in the Waqf Act, including the amendment of the Waqf, has to be followed by the tribunal as well as by the High Court, Sinha explained.

To after judgment of the tribunal, that order can be given effect too. Those Waqf that are not registered will not be treated as Waqf property... Those who have not practised Islam for five years cannot create Waqf; that provision has been stayed, he added.

The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act 2025, but put on hold certain provisions pending the final adjudication of petitions challenging the constitutional validity of the Act.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection.

Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf.

It said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power.

The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property.

It said the Collector cannot be permitted to adjudicate rights of personal citizens, and this will violate the separation of powers.

The top court held that till adjudication happens by the Tribunal, no third-party rights can be created against any parties, and the provision dealing with such powers to the Collector shall remain stayed.

The apex court also said that the provision that not more than three non-Muslim members should be included in the state Waqf Board, and that, in total, not more than four non-Muslims shall be included in the Central Waqf Councils for now.

The court also noted that as far as possible, the CEO of the Board should be a muslim. It, however, did not interfere with the provision mandating registration, considering that it is not a new requirement, as this condition was there in the previous enactments of 1995 and 2013 as well.

The top court passed the interim order on several petitions challenging the Constitutional validity of Waqf Act.

During the hearing, the Centre had argued in favour of the provision barring non-Muslims from creating Waqfs. It had said that only in the 2013 amendment, non-Muslims were given such rights but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors.

It had also defended the five-year practice condition to be eligible for the creation of Waqf.

A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards Muslim community and violates their fundamental rights.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi, Congress MPs Mohammad Jawed and Imran Pratapgarhi, AAP MLA Amanatullah Khan, MP and President of the Azad Samaj Party Chandra Shekhar Azad, Samajwadi Party MP from Sambhal Zia Ur Rehman Barq, Rajya Sabha MP Manoj Jha and Faiyaz Ahmad, Dravida Munnetra Kazhagam (DMK) through its MP A Raja, President of the Islamic cleric body Jamiat Ulema-i-Hind Maulana Arshad Madani, Kerala Sunni scholars body Samastha Kerala Jamiatul Ulema, Social Democratic Party of India, Indian Union Muslim League, and NGO Association for Protection of Civil Rights, All India Muslim Personal Law Board (AIMPLB) among others moved the top court.

They had strongly objected to the amendments passed by Parliament for being arbitrary, discriminatory and based on exclusion.Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment.

The Lok Sabha passed the Waqf (Amendment) Act on April 3, while the Rajya Sabha cleared it on April 4.

President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses. (ANI)

Disclaimer: This news article is a direct feed from ANI and has not been edited by the News Nation team. The news agency is solely responsible for its content.