The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act, 2025 but put on hold key provisions including the one that says a person should be a practitioner of Islam for five years to create a Waqf.
A bench of Chief Justice of India BR Gavai and Justice AG Masih said that the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam.
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“Without such a mechanism, the provision will lead to an arbitrary exercise of power,” the bench observed.
While refusing to stay the entire provisions of the controversial Waqf (Amendment) Act, 2025, the court agreed that some sections need protections.
The top court also stayed another provision that a Waqf property will not be treated as a Waqf Property till a designated government officer submits his report on encroachment.
The top court has also said that no more than 3 non-muslim members should be present in the board, and only a total 4 non-muslim members are to be present.
The contentious proviso the top court put on hold is Section 3C(3) of the Waqf Amendment Act, 2025. As per the provision, if the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.
The court also put on hold Section 3C(4) which gives the State Government powers to direct the board to make appropriate corrections in the records following the receipt of the report of the designated officer.
“Until the issue of the title of the waqf property in terms of Section 3C is not finally decided, the proceedings initiated under Section 83 by the tribunal and subject to further orders by the High Court, neither the waqf will be dispossessed of the property nor the revenue record and records of the Board shall be affected,” the court said.
“However, upon commencement of inquiry under Section 3C, and till final determination under Section 83, and subject to further orders of the high court in appeal, no third-party rights shall be created in respect of such properties,” the court observed.
Hailing the Supreme Court verdict, Congress MP Imran Pratapgarhi said that the apex court has reined in the conspiracy and intentions of the Narendra Modi Government.
“People who donate their land were fearful that the government would attempt to grab their land. This is a relief to them. How will the Govt decide who has been a practising Muslim for 5 years? This is a matter of faith. The court took note of all these aspects,” Pratapgarhi said, adding “We will continue the fight.”
