Waqf Verdict – Smell of Saffron Oozees out from SC Judgment

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By Syed Ali Mujtaba, Edited By Adam Rizvi, The India Observer, TIO: The interim judgment delivered by the Supreme Court in the Waqf Amendment Act 2025 has left many Indian Muslims dissatisfied. Clearly, a saffron smell smacks from the SC’s Judgment on the Waqf Act.

 The Supreme Court is accountable to the Muslim litigants as to why it thinks the community can accept its verdict. These are the points of reference for the Apex Court.

1-   The Court has ruled that up to 4 non-Muslims may sit on the 22-member Central Waqf Council, and up to 3 non-Muslims on State Waqf Boards of 11 members.

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Objection Raised – Can the Supreme Court explain why it allows non- Muslims in an exclusive Muslim board? When no other faith member can be part of the Hindu, Sikh, or Christian board, then why are non-Muslims members allowed to be in the Waqf Board? The Supreme Court must provide a legal explanation to satisfy the Muslim litigants.

2-    The provision of the ‘five-year’ cap to prove that a person has followed Islam for at least 5 years has been stayed, but some ambiguity is left in this context by the Court.

Objection Raised- Even though the SC has clarified that no officer can unilaterally decide who is qualified to create a Waqf, its ruling has left it to State Governments to define who qualifies as a Muslim. It clearly means that the SC is empowering the governments to restrict who may create a Waqaf. This is clearly a dangerous trend set by the Supreme Court. In other words, it empowers the governments’ interests to prevail over the interests of the Muslims.

3-    The Court’s interim order on “Waqf by User” is deeply alarming.

Also Read, Tweet & Share: Mr. Mohammad! Are you a Muslim, as deduced from the Waqf Act?  

Objection Raised- The Awkaf/ Dharmat properties of the Muslims face existential threats. The Court’s failure to address Sections 107 and 108 in its interim judgment indirectly facilitates state governments to seize Waqf properties. Further, paragraphs 143–152 of the judgment have complicated the issue.

The three deleted provisions of the original Act have not been addressed in the interim judgment:

• Section 104 – allowing non-Muslims to create Waqf.
• Section 107 – exempting recovery of encroached Waqf properties from the Limitation Act, 1963.
• Section 108 – special provisions concerning evacuee Waqf properties.

4-   The BJP Government had introduced 44 amendments in Parliament. (In fact, there were 33 insertions, 45 substitutions, and 37 deletions – totaling 115 amendments).

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Objection Raised- The Supreme Court has selectively addressed only a few of these provisions, leaving most of the regressive provisions untouched. It has failed to impose an interim stay on many issues that clearly violate the fundamental rights of the Constitution.

The SC judgment endorses several harmful amendments of the Waqf Act. This judgment falls short of providing complete constitutional protection to the Muslims.

Conclusion – The Supreme Court judgement on the Waqf (Amendment) Act 2025 has disappointed the Indian Muslims. 

Earlier, Muslims were deeply hurt by the SC judgment on the Babri mosque and Ramjanambhoomi temple. In its 1000-page judgement, the Supreme Court has accepted that the Babri Masjid belongs to the Muslim litigants and the Hindu litigants have no right or title over the disputed site; the SC has given the judgment against the Muslim litigants.

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The Supreme Court judgment on the Waqf Amendment Act 2025 certainly has a saffron smell oozing out from its legal armory.   It is a deliberate attempt to weaken and usurp Waqf properties that truly belong to the Muslims.

The struggle to safeguard Waqf properties must continue till Muslims claim the right to manage their Awkaf/ Dharmat properties on their own.

The wish of the community is to free the Waqf properties from the shackles of the government and manage them on the lines of the Shiromani Gurdwara Parbandhak Committee.

 It is because of all these objections that the All India Muslim Personal Law Board has rejected the SC judgment on the Waqf Amendment Act 2025. It has called a public meeting on November 16, 2025, at the Ramlila Maidan in Delhi.

Also Read, Tweet & Share: The BJP has to “Manage” the Supreme Court to defend the Waqf Act

The ALMPLB has given a clarion call to the Muslims for Deen Bacho – Des Bacho. Muslims, save your faith and save the country.

If sanity prevails, the final hearing in this case, which is due in November, will address all the shortcomings that are raised in the interim verdict of the SC.

Will the Apex Court come clean on the Waqf judgment? Your guess is the same as mine!

Also Read more from this Author: Centers’ three language policy an attempt to ‘Sanskritise’ India, says MK Stalin

Curated by Humra Kidwai

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