Live Law

2025-09-15 06:03:48.0

  • #SupremeCourt's interim order in challenge to #WaqfAmendmentAct 2025 summarised.

    1. SC stayed the condition that a person should be a practitioner of Islam for at least 5 years till rules are framed by State Govts to provide mechanism to determine this question. Without such a mechanism, the provison can lead to arbitrariness, the Court said.

    2. SC stayed the provision allowing the Government to derecognize a Waqf land during the pendency of decision by the Govt officer on the dispute of encroachment. SC said allowing Collector to decide the dispute is against the separation of powers.

    Till the question of title is decided by the Tribunal or the Court, the disputed Waqf land will not be affected. At the same time, the Court said that no third party rights should be created on such lands till the dispute is decided.

    3. SC directed that in Central Waqf Council, the non-Muslim members cannot exceed 4. In State Waqf Boards, the non-Muslim members cannot exceed 3.

    4. SC did not stay the provision allowing a non-Muslim to be the CEO of the State Waqf Board. SC however said that as far as possible, a Muslim person should be appointed.

    5. SC did not interfere with the condition of registration, but granted certain timeline extensions.

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