no script

SC refuses to stay entire waqf law, stalls certain provisions

Supreme Court of India -File Photo

New Delhi: The Supreme Court on Monday September 15, 2925 refused to stay the Waqf law, saying there was a “presumption” of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.

Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.”

The top court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.

It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.

“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,…,” the CJI said.

It directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO.

It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.

The detailed judgement is awaited.

The top court on May 22 had reserved its order on three key issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”, which cropped up during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

(Source-PTI)

Loading

  • Kumar Bahukhandi

    Kumar has written mostly short stories and on human behavior that changed the day to day course of the people who engineered them. He says I am always myself... I just hate being someone else...It's so fake and unreal..."!!I have an everyday religion that works for me. Love yourself first, and everything else falls into line...... I am just a next door person A friend of friends, A Journalist ,who respects every person regardless of his/her stature (but yes, disregards cunning and selfish people).Learnt to get in touch with the silence within myself and knew that everything in life has a purpose. A very simple, Introvert person who believe in "Simple Living and High Thinking", trusts in Modesty. Very truthful to self basic instincts, work, hobbies and family. I Always Listen and Obey what my heart, my inner voice, my soul tells me. I prefer to be true to myself, even at the hazard of incurring the ridicule of others.

    Related Posts

    Delhi court rejects Umar Khalid, Sharjeel Imam bail pleas, says bound by Supreme Court order

    A Delhi court has rejected Umar Khalid’s fresh bail plea in connection with the 2020 Delhi riots case. File Photo Credit-channel24india.com Trial court holds that it has ‘no option’ but…

    Loading

    Allahabad High Court Takes Strong Stand on Triple Talaq and Halala: ‘Crimes Cannot Be Justified Under the Guise of Religious Practices’

    “‘Crimes cannot be justified under the guise of religious practices.’ The Allahabad High Court makes strong observations on triple talaq and halala, emphasizing that women’s dignity, constitutional rights, and the…

    Loading

    You Missed

    Bastar Turns a New Page: From the Shadow of Insurgency to the Promise of Inclusive Development-Vishnu Deo Sai

    Bastar Turns a New Page: From the Shadow of Insurgency to the Promise of Inclusive Development-Vishnu Deo Sai

    Political Heat Rises Ahead of Monsoon Session as Government and Opposition Prepare for Parliamentary Face-Off

    Political Heat Rises Ahead of Monsoon Session as Government and Opposition Prepare for Parliamentary Face-Off

    India–U.K. Trade Pact Sets New Benchmark as Landmark CETA Comes into Force

    India–U.K. Trade Pact Sets New Benchmark as Landmark CETA Comes into Force

    Fuelled by Dharavi Redevelopment, Adani Realty Became Last Year’s Biggest Gainer

    Fuelled by Dharavi Redevelopment, Adani Realty Became Last Year’s Biggest Gainer

    Chhattisgarh to Preserve the Timeless Legacy of Padma Vibhushan Dr. Teejan Bai

    Chhattisgarh to Preserve the Timeless Legacy of Padma Vibhushan Dr. Teejan Bai

    From the Temple of Democracy to the Forest of Hope: Chhattisgarh Legislature Plants the Seeds of a Greener Future

    From the Temple of Democracy to the Forest of Hope: Chhattisgarh Legislature Plants the Seeds of a Greener Future