New Delhi: The Supreme Court on Thursday stayed the operation of certain parts of the contentious Waqf law, including the inclusion of non-Muslims in the Waqf boards and council, till the next date of hearing on May 5. The Chief Justice-led bench also said that the ‘waqf by user’ provision should not be denotified till then.
The Centre assured the Supreme Court that no appointments would be made to Waqf boards. The new law tweaks the composition of Waqf boards, making it compulsory to include non-Muslims as its members. “SG (Tushar) Mehta assured that till the next date, no appointment shall take place to board and councils under the 2025 Act. He also assures that the status of waqfs, including waqf by user, already declared by notification or gazetted, shall not be changed,” the court said in its order. In effect, the Supreme Court’s interim order means that the character of Waqf properties cannot be changed for now. The law, which came into effect on April 8, removes the ‘waqf by user’ provision, which allows a property to be treated as Waqf based on its long-term use for religious or charitable purposes, even without formal documentation.
The Centre, represented by Solicitor General Tushar Mehta, sought 7-days’ time to file a response. The court allowed the petitioners to file their rejoinder within five days after that. At the outset, SG Mehta said staying the Waqf law, whether directly or indirectly, was an extraordinary measure, and cannot be done based on a mere reading of the provisions. “We received lakhs and lakhs of representations before the amendments were made. Villages were taken as waqfs. Private properties were taken as waqfs… Your lordships are taking a serious and harsh step by staying directly or indirectly statutory provisions,” SG Mehta said. The Supreme Court, however, indicated that the entire law wouldn’t be stayed. “We have said there were some positive things in the law. We have stated that there cannot be a complete stay. But, we also don’t want the situation to change which is prevailing now… like the 5 years following Islam one, we are not staying that,” the top court said. The reference is to another contentious provision in the law that prevents a Muslim from giving Waqf before completing five years since embracing Islam. On Wednesday, the top court mooted a stay on certain parts of the Waqf law, saying some of the provisions could have grave ramifications. However, it did not pass any orders at the Centre’s request. The Waqf law has sparked massive protests across the country, with West Bengal being rocked by violence last week. The violence in Bengal’s Murshidabad district has left three people dead and several injured.
