New Delhi:
The government on Thursday assured the Supreme Court there will be “no Waqf appointments… (and) no change in status (of properties claimed by Waqf boards)” till the next hearing of a clutch of petitions challenging the changes to laws governing administration of Muslim charitable properties.
The court was told existing waqfs, including those claimed via ‘waqf by user’, would not change.
The ‘waqf by user’ provision allows Waqf boards to claim properties without documentation if used by Muslims for religious or charitable purposes. This had been red-flagged in yesterday’s hearing.
“We are not saying all ‘waqf by user’ is wrong… but there is concern,” the court said.
The “no appointments” reference was to changes to the composition of Waqf boards.
Specifically, under amendments passed by Parliament this month, Waqf boards must now include non-Muslims, a provision criticised by community members and opposition parties.
These and other changes to the Waqf laws triggered protests across the country.
In Bengal three people were killed and this led to a fierce fight between the ruling Trinamool, which has vowed not to implement the changed Waqf laws in the state, and the opposition BJP, which has accused Chief Minister Mamata Banerjee of ‘appeasement politics’ before next year’s election.
READ | BJP Slaps Down Mamata Banerjee’s Appeal As 3 Die In Waqf Law Protests
During today’s hearing, Solicitor General Tushar Mehta, appearing for the government, sought (and was given) a week’s time to respond to challenges to Waqf law changes. In the meantime, he said, the government would not make appointments under Section 9 and 14 of the new law.
These sections limit the number of Muslim members on the Central Waqf Council and state Waqf boards to just eight and four, out of 22 and 11, respectively.
And these drew sharp observations from the court, with Chief Justice Sanjiv Khanna asking the Solicitor General if the government would, in turn, allow Muslims to part of Hindu endowment boards.
READ | “Will Muslims Be On Hindu Boards? Say It Openly”: Supreme Court Asks
Meanwhile, the court also said it would only deal with five writ petitions, noting “it is impossible to deal with 100 or 200 (that have been filed so far)”. The others will be treated as ‘disposed of’, the Chief Justice said, as he allowed the government a week to reply to the petitions.
The petitioners will then be given five days to reply to the government, the court said.
In Wednesday’s hearing the Supreme Court had planned to issue an interim stay on the revised Waqf laws but pulled back after the centre and state governments asked for more time.
READ | Supreme Court Thinks Of Interim Stay On Parts Of Waqf Act, Centre Says…
The court considered the interim stay as a measure to stop the violent protests.
The court had earlier said it would consider three points before passing an interim order to stay the contentious provisions. These are a) validity of ‘waqf by user’ properties declared earlier by court decrees may now be void, b) having non-Muslims hold the majority in the Waqf Council and boards, and c) that disputed properties, pending inquiries, will not be treated as waqf.
The Supreme Court, at the start of this case, made it clear it would not trespass into the domain of the legislature, and that the separation of powers had been made clear by the Constitution.
But, as the final arbiter on issues involving the Constitution, it has agreed to hear petitioners who insist the changed Waqf laws tramples fundamental rights, including the right to equality and the right to pursue religious practices.
Among those who have challenged the law are leaders of opposition parties like the Congress, AAP, DMK, and CPI, as well as Bihar Chief Minister Nitish Kumar’s JDU, which is a BJP ally.
The JDU’s challenge is significant given Bihar – which has a large chunk of Muslims – votes in an Assembly election later this year.
Religious organisations and NGOs, like the Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board, have also filed objections. Some petitioners have sought cancellation of the law while others have requested a freeze.
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