Last update:
Hearing requests that challenge the constitutional validity of the WAQF (amendment) law of 2025, the Supreme Court asked the center how ‘WAQF per user can be rejected’, since many do not have documents required to register said WAQFS
Visitors outside the Supreme Court, as it began to listen to a lot of requests that defy the constitutional valility of the WAQF (amendment), 2025 law, April 16. (Image: PTI/MANENDER VASHIST LAV)
The Supreme Court requested on Wednesday a clarification of the center about the elimination of ‘WAQF by the user’, since it has heard a batch of requests that defy the constitutional validity of the WAQF Law (amendment), 2025.
‘WAQF per user’ refers to a type of WAQF when a property is used for religious or charitable purposes for a long period of time, only without formal documentation such as property or sale. These properties include mosques, gray and other religious sites.
The Supreme Court asked the central government how ‘WAQF can be rejected by the user’, since many will not have documents required to register said WAQFs. He pointed out that the majority of the mosques of the fourteenth, seventeenth or sixteenth centuries will not have sales deeds and will be asked to provide breathless be impossible.
“Most of the mosques would be ‘Waqf by the user’,” said the bank comprising the president of the Supreme Court Sanjiv Khanna and Judges Sanjay Kumar and Kv Viswanathan. “How will you register such WAQFS by the user? What documents will they have? Will it lead to undoing something. Yes, there is a misuse. But there is genuine too. I have gone to Throgh privileged accountant. Ity. Waq. Be a problem.
Also read | What is article 26 and how it became a conversation issue on day 1 or the hearing of the Supreme Courts of Waqf?
Appearing for the center, Tushar Mehta said that, although it is accepted that ‘Waqf by the user’ is badly used, there are also genuine cases. He argued what prevented the mosques from registering.
Emphasizing that ‘WAQF per user’ is essential, the SC questioned what will happen if the government claims thesis like yours. Mehta said the “WAQF” existing user, registered before Law 2025 was applied, will continue to be WAQF but not by unregistered properties unless they were disputed.
“Why won’t it be a WAQF property? Let the Civil Court decide that,” said CJI Khanna. To this, Mehta replied: “There are judgments that say that the Government as a trustee can regulate them. If any questions arise if the property is owned by the government, the collector will determine. Why this property, such as the government government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government.
The previous version of the WAQF bill (amendment) abolished the concept, but the last act retains the legal doctrine for historical cases and prohibits its application for future land claims.
(With supplies by Ananya Bhatnagar, PTI)