Supreme Court stalls certain provisions of Waqf law

STC NEWS DESK
NEW DELHI, SEPTEMBER 15 (STC):
Even as the Supreme Court
refused to stay the Waqf law, it has stalled the operation of certain provisions of the law, including the one which said only those who are practising Islam for the last five years can create a waqf.
Pronouncing an interim order today, 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.”
The apex court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.
The court 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.
“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,…,” the CJI said.
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.
The court also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.
(Inputs PTI / Straight Talk Communications)