Pasmanda Muslims' body welcomes SC order on Waqf, calls it 'nuanced judgment'

New Delhi, Sep 15 (PTI) An organisation of Pasmanda Muslims on Monday welcomed the Supreme Court order putting on hold several key provisions of the Waqf (Amendment) Act and said it is a "nuanced judgment" that protects constitutional principles, secures justice and maintains the sanctity of waqf institutions.

Pasmanda Muslims are considered to be socially, economically and educationally backward communities within the Muslim population in India.

Shariq Adeeb Ansari, national working president, All India Pasmanda Muslim Mahaz, said he wholeheartedly welcomes the Supreme Court verdict and believes this judgment reflects a balanced approach, safeguarding both constitutional values and the rights of citizens, while also upholding the spirit of justice and fair governance.

"The Hon'ble Court has stayed the operation of the clause requiring a person to be a practitioner of Islam for at least five years before creating a Waqf. This provision will remain suspended until state governments frame detailed rules for its application.

"In my view, this is a welcome and progressive step, as it ensures that genuine Waqf creators are not discouraged or unfairly discriminated against," he said in a statement.

It also provides much-needed clarity for the Muslim community, particularly for Pasmanda Muslims, who are often marginalised in institutional processes, Ansari said.

"The court has also stayed the provision that gave designated government officers the authority to decide whether a Waqf property has encroached upon government land. The Court rightly observed that such adjudication cannot be entrusted to executive officers, as it violates the principle of separation of powers," he said.

"Instead, such disputes will be resolved by the Waqf Tribunal. Until such adjudication is complete, no third-party rights can be created against any property. I welcome this ruling, as it reinforces the protection of citizens’ rights and ensures due process under law," Ansari said.

"The Supreme Court has delivered a nuanced judgment that protects constitutional principles, secures justice and maintains the sanctity of Waqf institutions while upholding the rule of law. I believe this verdict will benefit India's Muslims -- especially the Pasmanda sections -- by safeguarding their rights within the constitutional framework," he said.

"On behalf of the All India Pasmanda Muslim Mahaz, I reaffirm my commitment to respecting the law of the land and to working tirelessly for the empowerment and upliftment of all communities, with a special focus on Pasmanda Muslims. I am confident that this verdict will strengthen justice as well as social harmony in India," Ansari said.

The Supreme Court put on hold several key provisions of the Waqf (Amendment) Act, 2025, including the clause that only those practising Islam for the last five years can dedicate a property as waqf, but refused to stay the entire law.

"We have held that presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases," a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its interim order on the intensely debated issue.

The apex court also pressed pause on the powers given to a Collector to adjudicate the status of waqf properties and ruled on the contentious issue of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and the state Waqf boards not more than three out of 11.

The CJI said the bench considered the "prima facie challenge" to each section in the new law and found that "no case was made out to stay the entire provisions of the statute".

The Centre notified the Act on April 8 after it got President Droupadi Murmu's assent on April 5.

The Lok Sabha and Rajya Sabha passed the Waqf (Amendment) Bill, 2025, on April 3 and April 4 respectively. PTI ASK ASK KSS KSS