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EYE ON INDIA MAY 30, 2025 | The Indian Eye 8

WAQF AMENDMENT BILL

Petitioners fear “capture” of properties

as Center bats for non-Muslims in boards

Kapil Sibal, appearing for petitioners, objected to the provision empowering a

government Officer to decide disputes about Waqf properties

OUR BUREAU
New Delhi

he Supreme Court on Thurs-
day reserved its order on the
Tissue of interim relief in a batch
of pleas challenging the Constitution-
al validity of the Waqf (Amendment)
Act, 2025. A bench of Chief Justice of
India BR Gavai and Justice Augustine
George Masih heard the arguments
of petitioners, challenging the Centre
and the Act on the interim order for
three days.
During the hearing, Solicitor
General Tushar Mehta, representing
the Centre, argued regarding the pro-
vision barring non-Muslims from cre-
ating Waqfs.
Mehta said that only in the 2013
amendment, non-Muslims were given National Secretary of the Association for Protection of Civil Rights, Nadeem Khan, speaks during a public meeting
such rights but in the 1923 law, they on protecting Waqf lands, in New Delhi on Thursday (ANI)
were not allowed to create Waqfs, as
there were concerns that this could be
used as a device to defraud creditors. He ments on interim relief in the case. plete departure to state that if there it cannot be regarded as an essential
defended the five-year practice condi- The senior advocate further told the was no registration, the Waqf will no tenet of any religion.
tion to be eligible for creation of Waqf. bench that the 2025 amendments nul- longer be recognised,” he added. Defending the Inclusion of
The Supreme Court on Tuesday lified the principle “once a Waqf, al- Next, Sibal objected to the pro- non-Muslims in the Waqf board, he
was told by petitioners challenging ways a Waqf.” visions allowing the nomination of said that it was for diversity and to take
the Constitutional validity of the Waqf Sibal contended that earlier, non-Muslims to the Central Waqf care of the secular aspects of the Board.
(Amendment) Act, 2025, that the Act though the property was preserved as Council and the state Waqf Boards. “Waqf Board discharges only sec-
has been framed to protect Waqfs but an ancient monument the identity of He further pointed out that in none ular function. Managing properties,
in reality, it is designed to “capture the property did not change from be- of the laws relating to Hindu endow- register maintenance, and auditing
Waqfs” through a process which is ing a Waqf and get transferred to the ments, persons from other religions accounts. Purely secular. There is a
non judicial. government. are allowed. power to regulate secular practices in
Senior advocate Kapil Sibal, “Now such Waqf property shall But the Central government on a religion. Administration of property
appearing for petitioners, objected be void, and once Waqf is void, peo- Wednesday told the Supreme Court has to be in accordance with law,” said
to the provision empowering a gov- ple will be stopped from going to pray. that Waqf is an Islamic concept, it Solicitor General, adding that having
ernment Officer to decide disputes The right to freely practice religious is not an essential part of Islam and two non-Muslims on the Board will
about whether Waqf properties have activity is curtailed,” contended Sibal. Waqf boards discharge secular func- not affect any religious practice.
encroached on government land. He To this, CJI said that people tions. Solicitor General Tushar Me- He said the amendments in Waqf
said that private properties are being still go and pray at Khajurao temple hta, representing the Centre, told a Act were brought in after taking into
taken away only because of dispute. though it is preserved as an ancient bench of Chief Justice of India BR confidence all stakeholders and were
“A officer above Collector is appoint- monument. Gavai and Justice Augustine George solely aimed at curbing mismanage-
ed to see the dispute, and meanwhile He further argued that under the Masih Waqf Board does not touch ment and misuse of Waqf.
till the dispute is decided, the property previous law, non-registration of the upon any religious functions. Solicitor General said that the
is taken away and loses its character as Waqf properties did not affect the va- “Waqf is an Islamic concept. But Amendment Act was passed after
a Waqf property,” Sibal argued. lidity of the Waqfs and the only conse- it is not an essential part of Islam. detailed deliberations by the Joint
A bench of Chief Justice of In- quence was that the Muttawalli would Waqf is nothing but just charity in Is- Parliamentary Committee, which
dia BR Gavai and Justice Augustine have to pay some penalty. “However, lam,” said Mehta, adding that charity took the views of various stakeholders
George Masih was hearing the argu- the 2025 amendment makes a com- is recognised in every religion, and across the country.

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