The Supreme Court on Wednesday mooted stay of certain key provisions of the recently passed Waqf Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, the power of Collectors to decide dispute over Waqf properties, and the provisions on de-notifying properties declared as waqf by courts.
While refusing to pass any order today, the three-judge Bench of Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan said that it was mulling to deliver an interim order balancing equities.
The top court of the country said its interim judgment would ensure that properties declared by the courts as waqf would not be de-notified or treated as non-waqf, whether they were waqf by user or not. The Collector would be allowed to continue with the proceedings, however, the provision would not be given effect to.
It would give permission for the appointment of non-Muslims as ex-officio members in the Central Waqf Council and Waqf Boards, however, other members of the Council and Boards would be Muslims.
During the course of hearing, the Apex Court asked the Central government whether it would allow the inclusion of non-Hindus in bodies governing temples, as has been done in the present law with regard to Waqfs.
Appearing for the Union of India, Solicitor General Tushar Mehta said that he can state on an affidavit that not more than two members would be non-Muslims.
The Apex Court will hear the matter again tomorrow.
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