SC reserves interim orders on 3 issues in Waqf Act
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. 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'.
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