ASI-Protected Monuments Can't Be Declared As Waqfs : Supreme Court Refuses To Stay Waqf Amendment Act 2025 Provision

The Supreme Court today(September 15) refused to stay Section 3D((declaration of protected monument or protected area as waqf to be void) of the Waqf (Amendment) Act, 2025.

Section 3D says any declaration or notification of waqf property shall be void if such protected was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act,1958 Act.

Section 3D - Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification.

It was under challenge on the grounds that the persons practising Islam would be deprived of performing their religious practices. On the other hand, the Union contended that the same was enacted because, on account of the declaration of monuments as waqf, Mutawallis were not permitting the ASI Officials to take steps for the protection and preservation of these monuments. 

The bench comprising Chief Justice of India BR Gavai and Justice AG Masih in its interim order observed that the arguments of the petitioner do not hold water. 

"The fallacy in the argument sought to be advanced by the petitioners can be seen from the provision contained in Section 5(6) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Sub-section (6) of Section 5 of the said Act permits the citizens to continue with their customary religious practices even if such an area is a protected monument. In that view of the matter, we do not find that any case is made out to stay the said provision."

Also from the judgment -Supreme Court Stays Certain Provisions Of Waqf Amendment Act 2025; No Interference With Registration Requirement

Abolition Of 'Waqf By User' Is Not Arbitrary Prima Facie : Supreme Court