Supreme Court refuses to stay Waqf Act, puts on hold some provisions
PTC News Desk: The Supreme Court on Monday refused to stay entire Waqf(Amendment) Act, 2025, however it noted that certain provisions may require interim protection.
The top court has put on hold provision stating that a person should be a practitioner of Islam for 5 years to create a Waqf. Supreme Court says the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam.
The Supreme Court order noted that no case had been made to pause the Waqf Act in its entirety while it hears the larger case of the constitutional challenges to the new law.
"We have found that the entire act is challenged, but basic challenge was sections 3(r), 3C, 14. We have gone to legislative history from the 1923 Act and considered prima facie challenge to each section and hearing parties were not made out for entire statute. But sections which are under challenge, we have granted stay," the bench headed by Chief Justice of India BR Gavai said.
The bench also observed that Waqf property will not be treated a Waqf property (section 3C(2)) till the designated officer of the government submits his report on whether there is encroachment has been stayed.
The Supreme Court's decision comes after a bench on May 22 reserved its interim order on the Act. On April 8, the Centre notified the Waqf (Amendment) Act, 2025, after it got President Droupadi Murmu's assent on April 5.
- PTC NEWS
