September 15, Wednesday:
On Monday, the bench of Chief Justice of India BR Gavai and Justice AG Masih has ordered a stay on key provisions of the Waqf Amendment Act (2025) that have been sparking nationwide debate and protest surrounding it. The Supreme Court bench, in its interim order, clarified that the stay order has been passed based on the prima facie consideration for examination purposes.
"The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers. Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed," the Supreme Court said, pointing out the exclusive power granted to the Collector in the Waqf Amendment Act (2025).
The bench stated that the directions have been issued to protect both parties’ interests and balance the equities during the period while the batch of cases is pending.
The stay order has been issued on Section 3, sub-section (2), (3), and (4) of Section 3C of the Amended Waqf Act. Where the Court has determined that until the State Government has framed the rules for a mechanism to identify if someone has been practicing Islam for the last five years, section 3 stands stayed.
The provisions under sub-sections (2), (3), and (4) of Section 3C that require a designated official to submit a report to determine the type of property and, if found to be publicly owned, then the changes the official needs to make before submitting a report to the State Government, have been put on stay.
"Many of our points have been accepted": Petitioners welcome SC stay on certain Waqf Act provisions
The representative of the amendment supporting petitioners, Advocate Varuna Sinha, explained to ANI in a report, "There is no stay on the amendments brought in by the central government. Only there is an interim order in favour of the petitioners regarding that they cannot be deprived of the Waqf property without following the procedure laid down in the law, including the amended law.”
