The Supreme Court on Wednesday asked the Centre whether Muslims would be allowed to be part of Hindu religious trusts during the hearing of pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan asked solicitor general Tushar Mehta, appearing for the Centre, on how "waqf by user" can be disallowed as many will not have requisite documents to get such waqfs registered.
"Waqf by user" refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn't a formal, written declaration of waqf by the owner.
"How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem. Legislature cannot declare a judgment, order or decree as void. You can only take the basis," the bench said. Mehta submitted there was a large section of Muslims who did not want to be governed by Waqf act.
The bench then asked Mehta, "Are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly." The apex court said when a public trust was declared to be a waqf 100 or 200 years ago, it couldn't suddenly be taken over by the waqf board and declared otherwise.
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