Waqf Properties Cannot Be Denotified, All Members Of Waqf Board Must Be Muslims: SC

The Supreme Court ruled that the collector will continue doing his work and added that the ex officio members can be appointed from any religion, but all other members must be Muslim.

File photo of Supreme Court.

Source : PTI

The Supreme Court on Wednesday, while hearing a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, issued an interim saying that properties declared Waqf by users or the court will not be denotified.

A bench of Supreme Court comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing 73 petitions against the newly passed Waqf (Amendment) Act. 

The apex court ruled that the properties declared as Waqfs by courts should not be de-notified as Waqfs, whether they are by 'waqf by user' or 'waqf by deed,' while the Court is hearing the matter, according to Live Law. 'Waqf by user' is a provision under which a property is treated as Waqf property based on its long-term use for religious purposes, even without formal documentation. However, the new law said that the Waqf by user provision won't be applicable to properties that are in dispute or are government land.

The court also ruled that all the members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members. The Supreme Court ruled that the collector will continue doing his work and the Waqf property will not be treated as a Waqf until the Collector is conducting an inquiry on the land.

While hearing the petitions, the bench asked the centre tough questions on several provisions of the law, especially on the provisions for 'Waqf by user' properties. 

The court said that undoing 'Waqf by user' will create problems, adding that there has been some misuse of this. The court ruled that if the government undoes the Waqf properties, then it will lead to problems. 

"As far as Waqf-by-user is concerned, it’s difficult to register. You have a point; it is misused, but you cannot say there is no genuine Waqf by the user. CJI asks the Solicitor General how the government will register such Waqfs-by-user. What documents will they have? It will lead to undoing something. Yes, there is some misuse, but there are genuine ones, also. If you undo it, then it will be a problem," the court told Solicitor General Tushar Mehta.  

 

The court also said that most mosques built between the 14th to 16th centuries won't have sale deeds. Advocate Harish Salve argued that only the Supreme Court should hear the case. The centre has sought full hearing before any interim order. 

The Supreme Court also expressed concern over violence taking place over the Waqf (Amendment) Act in some parts of Bengal.

"The one thing that is very disturbing is the violence that is taking place. The issue is before the court, and we will decide," CJI Sanjiv Khanna said. The apex court will continue its hearing tomorrow on a batch of petitions challenging the validity of the Waqf Act.