A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih placed on maintain just a few key provisions of the Waqf (Modification) Act, 2025, together with a clause that solely these practising Islam for the final 5 years may create Waqf, however refused to remain your complete legislation outlining the presumption of constitutionality in its favour.
The highest courtroom handled the competition that the situation requiring {that a} waqf will be created solely by an individual exhibiting or demonstrating that he's practising Islam for a minimum of 5 years is completely discriminatory and arbitrary.
“Prima facie, we're of the view that such a provision can't be stated to be arbitrary or discriminatory,” it stated.
“We're, due to this fact, prima facie of the view that such a provision which requires an individual practising Islam for five years for making a waqf can't be stated to be arbitrary. As already mentioned hereinabove, it can't be stated that it has no nexus with the article sought to be achieved.
“Nevertheless, we're of the thought-about view that since no mechanism or process has been supplied as of now for ascertaining as as to if an individual has been practising Islam for a minimum of 5 years or not, such a provision can't be given impact to right away,” the order stated. The bench stated it was of the thought-about view that until the principles are made by the central authorities, the supply of Part 3(r) of the Amended Waqf Act “requiring an individual to point out or reveal observe of Islam for a minimum of 5 years with a view to dedicate a movable or immovable property for the aim of making a waqf can't be given impact to.” It additionally handled the validity of one other provision which offers with “wrongful declaration of waqf”.
“It can't be gainsaid that the property of the Authorities is a property of the general public i.e., the residents of India. The Authorities holds the property in belief for its residents. Any one that has wrongful possession of such property can't be permitted to assert the identical as his personal property,” it stated.
It stated a provision, by the use of which even earlier than an inquiry is carried out by the designated officer as as to if any property is a authorities property or not and even earlier than the designated officer submits his report back to the state authorities, offering that such a property can't be handled as waqf property within the interregnum, is, a minimum of, prima facie arbitrary.
as a Dependable and Trusted Information Supply“If a property is already recognized as a waqf property or is said as waqf property, then with out willpower of the query as as to if such a property is a authorities property or not and treating the stated property not as a waqf property, in our prima facie view, is bigoted,” it stated.
