synopsis
Centre has assured the Supreme Court there will be "no Waqf appointments... no change in status" till the next hearing of a clutch of petitions challenging the changes to laws governing administration of Muslim charitable properties in the country.
The Supreme Court on Thursday stayed the operation of certain parts of the contentious Waqf law, including the inclusion of non-Muslims in the Waqf boards and council, till the next date of hearing on May 5. The Chief Justice-led bench also said that the 'waqf by user' provision should not be denotified till then.
The Centre assured the Supreme Court that no appointments would be made to Waqf boards. The new law tweaks the composition of Waqf boards, making it compulsory to include non-Muslims as its members.
“During the course of the hearing, SG Tushar Mehta states that the Union would like to put a response within 7 days. He further says, he assures the court that no appointments will be made to the Council and Board under S.9 and 14. Till the next date of hearing, waqf, including waqf by user, already registered or declared by way of notification, shall neither be de-notified or the collector will change. We take the statement on record,” the top court said in its order.
The Centre, represented by Solicitor General Tushar Mehta, sought 7-days' time to file a response. The court allowed the petitioners to file their rejoinder within five days after that.
What Solicitor General of India Tushar Mehta said before SC
Non-Muslims won't be appointed to Central Waqf Councils and State Waqf Boards in terms of the amended provisions during the hearing.
Waqfs, including waqf-by-user, whether declared by way of notification or registration, will not be de-notified till the next date of hearing.
The bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan posted the matter to May 5 at 2 pm for the next hearing.
Yesterday, the Court had proposed to pass an interim order, after raising some concerns about the amendments. Though the Court was about to pass the order yesterday, it adjourned the matter after the Union sought time.