New Delhi, Sep 13, KNT: The Supreme Court has paused several key provisions of the Waqf (Amendment) Act, which had triggered protests across the country, observing that some of them could lead to an “arbitrary” exercise of power. A bench of Chief Justice of India BR Gavai and Justice AG Masih said it found no reason to stay the entire statute but stressed that certain sections required immediate protection.
The court flagged the sweeping powers granted to district Collectors under the amended law, ruling that they cannot be permitted to adjudicate the rights of individual citizens. “This will violate the separation of powers. Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed,” the bench said.
The amendment had empowered the District Collector as the final authority in disputes over Waqf property ownership, a move Muslim bodies said would encourage illegitimate claims on Waqf land. The court also stayed the clause that allowed only a person practising Islam for at least five years to declare a Waqf, with the CJI noting that such a provision without clear mechanism could result in arbitrary decisions.
Further, the bench held that not more than three non-Muslim members can be included in a Waqf board, and not more than four in the Central Waqf Council. The order provides interim relief until the petitions challenging the constitutionality of the Act are fully decided.
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Amendments to the Waqf Act of 1995, which cleared Parliament earlier this year and received presidential assent in April, had sparked widespread protests. Muslim organisations had called the amendments unconstitutional and alleged a conspiracy to take over Waqf properties, while the government argued that the changes were needed to address encroachment and disputes.
The All India Muslim Personal Law Board, one of the petitioners, welcomed the ruling. Its member Syed Qasim Rasool Ilyas said many of their concerns had been accepted, including issues of “Waqf by User” and protection of monuments. “The five-year clause has been removed, and overall many of our points have been accepted. We think there is satisfaction to a large extent,” he said. [KNT]
