Deregistering ‘Waqf by User’ Will Create Problems, Supreme Court Warns Centre
Another critical issue highlighted by the court was the inclusion of non-Muslim members in the Central Waqf Council. The bench questioned whether the government would permit Muslims to be part of Hindu endowment boards if the reverse is allowed.
New Delhi: The Supreme Court on Tuesday raised serious concerns while hearing multiple petitions challenging the Waqf Amendment Act. The court directed tough questions at the Centre, particularly over the provisions related to properties registered as ‘Waqf by user’.
The bench asked the government whether a property that has been used for religious or charitable purposes for several years can be excluded from Waqf recognition simply because it lacks formal legal ownership documentation. The justices warned that derecognizing such properties could lead to significant consequences and unrest.
Another critical issue highlighted by the court was the inclusion of non-Muslim members in the Central Waqf Council. The bench questioned whether the government would permit Muslims to be part of Hindu endowment boards if the reverse is allowed.
The court emphasized that religious identity must be respected in the management of religious institutions. Any amendments or policies must be made with due regard to social harmony and religious sensitivities.
The Supreme Court has sought a detailed response from the central government, with the next hearing expected soon.
