The Supreme Court, hearing a batch of petitions challenging the Waqf Act, on Thursday questioned the Centre about multiple provisions of the new law, including its provisions for ‘Waqf by user’ properties.
New Delhi,April 16:The Supreme Court, hearing a batch of petitions challenging the Waqf Amendment Act, on Wednesday questioned the Centre about its provisions for ‘waqf by user’ properties. It said that denotifying the properties of the ‘waqf by user’, which has been established under law, would create problems.
A three-judge bench headed by Chief Justice of India (CJI) Sanjiv Khanna sought clarification from the Centre over the removal of ‘waqf by user’ provision. It said that most mosques built between the 14th to 16th centuries won’t have sale deeds.
‘Waqf by user’ refers to a property that is treated as waqf based on its long-term use for religious or charitable purposes, even without formal documentation. The new law, however, has an exemption that it will not be applicable for properties that are in dispute or are on government land.
“You still haven’t answered the question. ‘Waqf by user’ will be declared or not? That will be undoing something that’s been established. How will you register in the case of ‘waqf by user’? You can’t say there will be no genuine,” the bench said.
The Supreme Court said that requiring such mosques to provide registered deeds would be impossible as such structures would be waqf-by-user properties.
It flagged the provision to include non-Muslims on waqf boards and Central Waqf Council and asked the Centre if it would allow Muslims to be part of Hindu endowment boards.
The bench said that the condition of the Waqf Amendment Act, as per which a Waqf property will not be treated as a Waqf while the collector is conducting an inquiry into whether the property is government land, will not be given effect.
Solicitor General Tushar Mehta, appearing for the Centre, said, “There’s a shop, temple of waqf. The act doesn’t say its usage will stop. It says it won’t get benefit unless we decide it.
To this, CJI Khanna then asked, “What will happen then? Where will rent go? Why have that provison then?” Mehta then replied, saying, “It doesn’t say its usage as a waqf will stop.
The Supreme Court made the observations while hearing 73 petitions challenging the Waqf Amendment Act, which has sparked protests across the country. In parts of West Bengal, violence has occurred during protests, particularly in Murshidabad, a Muslim-majority district bordering Bangladesh.
The top court will hear the matter again on Thursday and did not pass an order following objections by the Solicitor General and state counsels.
It wanted to pass an interim order regarding ‘waqf by user’ properties. However, the matter was deferred till Thursday.(IT)
