The Supreme Court on Thursday stayed certain provisions of the newly enacted Waqf Amendment Act, including the inclusion of non-Muslims in Waqf boards and councils, until the next hearing on May 5. The court also ruled that the “Waqf by user” provision cannot be de-notified until then.
Here are the top developments from the ongoing hearing:
- Interim Stay on Key Provisions: The Supreme Court has temporarily halted the inclusion of non-Muslims in Waqf boards and councils, as well as changes to properties classified as Waqf by user, until the next hearing.
- Centre’s Request for More Time: Solicitor General Tushar Mehta, representing the Centre, requested additional time to file a preliminary response, which the court allowed. The Centre will submit its reply within seven days, along with relevant documents.
- No Appointments to Waqf Bodies: The Centre assured the court that no appointments will be made to the Central or State Waqf boards or councils until the next hearing.
- Protection of Current Waqf Properties: The Supreme Court noted that existing Waqf properties, including those registered by users or declared via notification, will not be altered for now.
- Centre’s Defense: The Centre argued that the Waqf Act is a considered piece of legislation and highlighted the large number of representations received about Waqf land classifications. The Centre opposed a complete stay on the Act, calling it a severe step.
- Court’s Stance on Waqf Act: The Supreme Court stated that while it had acknowledged some positive aspects of the legislation, it does not want the current status of Waqf properties to change while the matter is under judicial review.
- Potential Future Rulings: On Wednesday, the Court indicated that it might stay some provisions of the Act, including those giving Collectors powers to decide disputes over Waqf properties and provisions for de-notifying properties declared as Waqf by courts.
- Solicitor General’s Assurance: Tushar Mehta assured the Court that the government would comply with the interim order and refrain from making changes to Waqf properties or appointments until further directions.
- Court’s Approach: The Court said that its goal is to maintain the existing situation without changes while it considers the legal challenge to the Waqf Act.
- Next Hearing Date: The Supreme Court has set May 5 for the next hearing, when it will review the responses submitted by the Centre and the petitioners.
The case remains under active consideration, with both sides awaiting further developments.
