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The new law approved by the Parliament establishes that the existing properties’ WAQF by users’ registered at or before the beginning of the WAQF (amendment) law, 2025, will remain as WAQF properties, ‘exception that is good or partly, is in dispute or partly, is in dispute or part, in parts …Read more
The Supreme Court of India. (File Image/AFP)
The support of the Supreme Court of the original concept “WAQF per user” during the process so far is of great concern for the center, since the new law can severely weaken, government sources said Wednesday. The government is expected to be an energetic defense of the provision in the new law that the government is well before SC on Thursday.
On Wednesday, the Supreme Court proposed an order that indicates that the property declared as WAQF, including those designated as “WAQF by the user”, would not be dismantled. The center opposed this suggestion and requested a hearing before issuing said directive. The new law approved by the Parliament establishes that the existing “WAQF properties by the user” registered at or before the beginning of the WAQF Law (amendment), 2025, will remain as WAQF properties, “exception that is the property or property, is partly”.
The Supreme Court is seeking government clarifications on this provision. The Court has observed that most of the mosques built since the fourteenth century would lack sales acts, which makes it impossible to demand that they provide registered facts. The Supreme Court also asked what would happen if the government claimed thesis as the property of the government. Kapil Sibal, who represents the petitioners, argued that the Government had abolished “WAQF per user” under the new law and would demand facts for such properties. RK Dhawan emphasized the Court the importance of “WAQF by the user.”
The Supreme Court acknowledged that revoking “Waqf by the user” would lead quantity to numerous complications and sought the response of the central government about the matter. The government is expected to defend the modified disposition of “WAQF per user” in the new law and explain the logic behind its inclusion.
The deputy of the Trinamool Congress, Mahua Moitra, who is one of the petitioners, said that the Supreme Court is consulting the following interim order: “The existing properties declared as Waqfs should not be the other person they did.”
Another petitioner, lawyer Vishnu Shankar Jain said that “Waqf by User” is a draconian concept and there is no disposition in India for the “user temple.” He said that this amendment protects large sections of the society from the arbitrary powers of the WAQF joints through the use of the concept of “WAQF by the user”.
The WAQF Law (amendment), 2025, received the presidential assent on April 5 after passing through Parliament in the middle of an intense debate. It was cleaned in the Lok Sabha with 288 votes in favor and 232 against, and then died in Rajya Sabha, where 128 members supported him and 95 opposites.
Until now, 72 requests have been presented challenging the validity of the Law. Among the petitioners are the chief of Aimim Asaduddin Owaisi, the Muslim Personal Law Board of All India (AIMPLB), Jamiat Ulama-I-Hind, the DMK and the parliamentarians of the Imran Pratapgarhi and Mohammad Jaed Congress.
