Denotifying waqf property will have repercussions; amendment may be stayed; Supreme Court hearing to continue at 2 pm

NEW DELHI: The Supreme Court, which has expressed deep dissatisfaction with the main provisions of the Waqf Amendment Act, is likely to move for an interim stay order today. The Supreme Court observed yesterday that denotifying the long-used Waqf property will have serious consequences. The court asked whether Muslims will be appointed in the boards of Hindus. The court also said that legislation cannot be brought to overturn the court's judgments. Although it moved for an interim order yesterday, it has decided to continue the hearing at 2 pm today on the request of Solicitor General Tushar Mehta. The order will be issued after hearing the response given by the Centre today on the court's concerns.

The court does not usually intervene urgently in new laws brought by Parliament, but the situation in the Waqf is different, said a bench comprising Chief Justice Sanjiv Khanna and Justices P.V. Sanjay Kumar and K.V. Viswanathan. There are 73 petitions before the court, both in favour and against the law. Senior advocates Kapil Sibal, Abhishek Singhvi and Rajeev Dhawan, appearing for the Muslim League, Samastha Kerala Jamiatul Ulama and others, opposed the law. The court said that it cannot be allowed to denotify the property declared as Waqf by the court, adding that the violence in Murshidabad is worrying. The court also directed that the members of the Waqf Council and boards should be Muslims and people of other religions can be appointed only as ex-officio members.

Concerns include

1. The provision that waqf properties used for religious or charitable purposes from time to time can be converted into non-waqf ones

2. Whether the majority of members in the Waqf Council and State Boards will be non-Muslims when people of other religions come to the Waqf Council and State Boards

3. The provision that officials above the District Collectors will not consider them as waqf properties when considering waqf land disputes

Answer required

• There are no records for properties used as waqfs from time to time. So how can a provision be made to register them?

• Will Muslims be appointed as members in Hindu boards? If so, the Center should give an example

• If a public trust was declared a waqf 100 years ago, how can it be declared non-waqf now?