The Supreme Court will order on Monday (September 15, 2025) on the Waqf Amendment Act case. The court reserved the order on 22 May on the issue of interim relief in the case. The bench of Chief Justice BR Gawai and Augustin George Christ heard for 3 consecutive days.
During the hearing, the court had told the petitioners that the law made from Parliament is considered constitutional till the final decision is taken. A very strong base will be required to stop its provisions.
Opposition to things like preventing Waqf Board from claiming
The petitioner side has opposed things such as making the registration of Waqf by user mandatory, in the dispute of the Waqf Board with the government, to be in the hands of a government official, to make non -Muslims members members in the Waqf Board, the possibility of religious activity in ancient monuments, the condition of being a Muslim for 5 years and the Waqf Board on the tribal land to stop the Waqf Board. They have been described as discrimination from Muslims and interference in religious matters.
On the other hand, the Central Government cited the law to enact a law after following the entire process on behalf of Parliament. The Center said that it would not be right to stop the sections of the law before the final hearing. Those who have brought the petition here are not personally affected. He is not a representative of the entire Muslim community. The law has been made in public interest. The discrepancies of the old Waqf law have been removed.
This condition placed for waqf
The government said that Waqf is not an essential part of Islam. It cannot be given the status like fundamental rights. The registration of Waqf by user was also kept necessary in the 1923 law. People who have not registered for 102 years, are still protesting. If the property is not their, then it should be used in social interest.
The Center also argued that earlier only Muslims could do Waqf, but in 2013, the provision of the property of non -Muslims was also made. To improve this, a condition has been laid for at least 5 years to be a Muslim. Constitution also gives protection to the land of tribals.
Indication of prohibiting law provisions
Limited members in the Waqf Board will be non -Muslims, whose role will also be very limited. There will be no difference from new Waqf law on religious activities in ancient monuments. It should be noted that during the initial hearing of the case, the bench headed by the then Chief Justice Sanjeev Khanna had indicated to stop some provisions of the law, but on April 17, the central government itself assured the court that there would be no appointment in the Waqf Board or Waqf Council at present.
Also, registered or declared Waqf by user (Waqf) properties will not be denotified. Now the order of the court will decide whether the Waqf Amendment Act will be fully applicable or not.
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