SC proposes to remain key provisions of Waqf (Modification) Act, 2025
In a major growth, the Supreme Court docket on Wednesday proposed to remain sure key provisions of the contentious Waqf (Modification) Act, 2025, together with the ability to denotify properties declared as waqf by courts and inclusion of non-Muslims in central Waqf councils and boards.
The highest courtroom proposed to move the order, which was opposed by the Centre because it sought an in depth listening to earlier than any such interim order.
The listening to referring to 72 petitions in opposition to the constitutionality of the Waqf (Modification) Act, 2025 passed off earlier than a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Ok.V. Viswanathan.
The bench, which is able to proceed with the listening to on Thursday, was miffed over the inclusion of non-Muslims within the central waqf councils and boards and requested the Centre whether or not it was prepared to incorporate Muslims in Hindu non secular trusts.
After listening to solicitor-general Tushar Mehta for the Centre and senior attorneys together with Kapil Sibal, Rajeev Dhavan, Abhishek Singhvi, and C.U. Singh for Muslim our bodies and particular person petitioners, the CJI proposed to problem the discover and to move an interim order, saying it’s going to “steadiness the equities”.
Observing that some provisions might have “grave ramifications”, notably people who doubtlessly undermine judicially recognised waqf properties, the CJI proposed the order. “The properties declared as waqfs by the courts shouldn’t be de-notified, whether or not they’re by waqf-by-user or waqf by deed whereas the courtroom is listening to the problem to the Waqf Modification Act 2025,” the CJI proposed.
The bench additionally hinted to remain a provision of the amended legislation, which says a waqf property won’t be handled as waqf through the inquiry of the collector to determine if the property is a authorities land. “All members of waqf boards and the central waqf council have to be Muslims, besides the ex-officio members,” the CJI mentioned.
The bench took notice of the provision-wise objections to the Act and expressed reservations on a number of elements of the laws, together with the inclusion of non-Muslims within the central waqf council and state waqf boards.
