Waqf (Amendment) Act, 2025 (14 of 2025) – Challenge to entire Statute – Stay of provisions of law -- In the totality of the circumstances, Court do not find that any case is made out to stay the provisions of the entire statute. The prayer for stay of the impugned Act rejected -- While doing so, in order to protect the interest of all the parties and balance the equities during pendency of this batch of matters, following directions issued:

(i) Part of clause (r) of Section 3 of the Amended Waqf Act

“any person showing or demonstrating that he is professing Islam for at least five years”

shall stand stayed until the rules are framed by the  State Government for providing a mechanism for determining the question as to whether a person has been practicing Islam for at least five years or not.

(ii) Proviso to sub-section (2) of Section 3C of the Amended Waqf Act, which reads

“Provided that such property shall not be treated as waqf property till the designated officer submits his report.”

and the provisions of sub-sections (3) and (4) of Section 3C of the Amended Waqf Act, which read thus:

“(3) In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.

(4) The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.”

shall stand stayed.

(iii) Unless the issue with regard to title of the waqf property in terms of Section 3C of the Amended Waqf Act is not finally decided in the proceedings initiated under Section 83 of the Amended Waqf Act by the Tribunal and subject to further orders by the High Court, neither the waqfs will be dispossessed of the property nor the entry in the revenue record and the records of the Board shall be affected. However, upon commencement of an inquiry under Section 3C of the Amended Waqf Act till the final determination by the Tribunal under Section 83 of the Amended Waqf Act, subject to further orders of the High Court in an appeal, no third-party rights would be created in respect of such properties.

(iv) Central Waqf Council constituted under Section 9 of the Amended Waqf Act is concerned, it shall not consist of more than 4 non-Muslim members out of 22. Equally, insofar as the Board constituted under Section 14 of the Amended Waqf Act is concerned, it is directed that it shall not consist of more than 3 non-Muslim members out of11.

(v) Court not inclined to stay the provision of Section 23 of the Amended Waqf Act – Direction given that as far as possible, an effort should be made to appoint the Chief Executive Officer of the Board who is the ex-officio Secretary from amongst the Muslim community;

Observation above is upon prima facie consideration for the purpose of examining as to whether an interim stay should be granted or not to the impugned Act or the provision(s) contained therein. The observations made hereinabove will not prevent the parties from making submissions with regard to the validity of the provisions contained in the Amended Waqf Act or any of the provision(s) therein.

(Para 209)