The Supreme Court on Monday passed a stay order on some of the key provisions in the controversial Waqf ( Ammendment) Act. The bench led by Chief Justice of India BR Gavai and Justice Masih opined that it found no case to stay the entire statue, but there are certain provisions which needs protection otherwise it will lead to arbitrary exercise of power. This judgement comes in the backdrop of the Waqf Ammendment Bill was cleared in the Parliament in April this year.

Some of the key observations made by the bench in the interim order included staying the condition that a practitioner of Islam for at least 5 years till rules are framed by the State Governments to provide a mechanism to determine the question and staying the provisions allowing the Government to derecognise a Waqf land during the pendency of decision by the Government officer on the dispute of encroachment. The bench also directed that the non-muslim members cannot exceed 4 in Central Waqf Council and cannot exceed 3 in State Waqf Boards.

The Court didn’t stay the provision allowing non-muslim to be the CEO of the state Waqf Board and added a clause that as far as possible, a Muslim person should be appointed. It didn’t interfere in the condition of registration and other provisions such a abolition of Waqf-by-user, bar on creating waqfs over scheduled areas and protected monuments, condition that only Muslims can create waqfs, application of Limitation Act etc.

The Indian Union Muslim League has welcomed the interim stay of the apex court on these provisions and said it is a significant decision to uphold the sanctity of the Waqf Board.

The ammendments made to the 1995 Waqf law received the assent of Parliament and got the nod of President of India in April this year. This move has sparked widespread outrage among the Muslim community all over the country and led to filing of several petitions in the top court. The Muslim bodies termed these ammendments as unconstitutional and a conspiracy to grab the Waqf lands.