New Delhi: The Supreme Court on Wednesday flagged concerns about the Waqf (Amendment) Act, 2025 while hearing a batch of petitions, challenging its constitutional validity.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan spoke about three basic concerns — validity of Waqf by user properties declared earlier by court decrees which now may become void, having non-Muslims as majority members in Waqf Council, and pending enquiry by the collector on disputed Waqf property.
As many as 72 petitions have been filed challenging the validity of the newly-acted Act.
The CJI-headed bench was willing to issue a notice on the petitions and pass a short order. But the Centre and some of the states sought time to place their submissions ahead of interim order being passed.
The hearing will continue at 2 pm on Thursday.
In a significant observation, the court said denotifying ‘waqf by user’ would have “huge consequences”.
‘Waqf by user’ is the practice of a property being recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn’t a formal, written declaration of waqf by the owner.
Seeking clarification from the Central government over the removal of ‘waqf by user’ provision, the court said most mosques built between the 14th and 16th centuries won’t have sale deeds.
“How will you 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. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem. Legislature cannot declare a judgment, order or decree as void. You can only take the basis,” the bench said.
The top court asked the Centre if Muslims would be allowed to be part of Hindu religious trusts.
“All Members of the Waqf boards and central Waqf Council must be Muslims, except the ex-officio members,” the court said.
CJI Khanna expressed concern over the violence in West Bengal over protests against the Waqf Act.
“One thing is very disturbing is the violence that is taking place. If the matter is pending here, it should not happen,” the CJI said.
