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New Delhi, Sep 15: The Supreme Court refused to stay the Waqf law, saying there was a presumption of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practicing Islam for the last five years can create a waqf.
Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.
Court, however, stayed the provision which said that persons practicing Islam for the last five years can only create a waqf. It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.
Court added that we have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,….
It directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO. It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.
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