'Waqf Board should have only Muslim members apart from ex-officio officials', comments supreme Court

SC on Waqf Act: The supreme court has not yet given any decision or direction on the Waqf Amendment Act. Now the matter will be heard on april 17 at 2 pm.

Supreme court on Waqf Act

 While hearing the petitions challenging the Waqf Amendment Act, the supreme court today asked tough questions to the Center on many provisions of the new law, especially the provisions of Waqf by user properties. The court also raised questions on the provision of including non-Muslims in the Central Waqf Council and asked the government whether it would allow Muslims to become a part of the Hindu board.

'Waqf Board should have only Muslim members apart from ex-officio officials'

The court has commented that the Waqf Board should have only Muslim members apart from ex-officio members, which was opposed by Solicitor General Tushar Mehta. The supreme court has not issued any order today. He says that the term of no board is ending right now. Such an order should not be given after hearing PIL petitions. No Waqf Board has come here. The matter will be heard again on thursday (April 17, 2025) at 2 pm.

Initially, the Chief Justice told the petitioners that two questions should be considered. First, will the supreme court send the petitions to the High Court and what points do the petitioners want to argue? Senior advocate kapil sibal, appearing for one of the petitioners, said that many provisions in the new law violate Article 26 of the Constitution, which guarantees freedom to manage religious affairs.

Sibal raised questions on the power given to the collector

Sibal also questioned the powers given to the collector by the new law. He argued that the collector is a part of the government and if he plays the role of justice, then it is unconstitutional. Kapil Sibal said, "Waqf by user is an integral part of Islam. The problem is that if the Waqf was created 3,000 years ago, they will ask for its document." When the hearing in the supreme court was about to end, the court indicated that it was going to give two orders, as long as this hearing was pending. All the members of the Waqf Board, except the ex-officio members, should be Muslims. The biggest concern of those opposing the Waqf law is that the Waqf by-user which is not registered will be denotified, that is, it will no longer be a Waqf. On this, the supreme court said that the government will not do any such thing as long as the hearing is pending.

The court also expressed concern about Waqf by-user

Abhishek manu Singhvi, the lawyer of the Muslim side, told the court that out of 8 lakh Waqf properties, 4 lakh will be lost just like that. Intervening on this, the Chief Justice said, "We have been told that the delhi High Court is built on Waqf land. We are not saying that all Waqf by-users are wrong, but it is worrisome."