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Powers Of Collector Stayed, Non-Muslims On Boards Limited: Waqf Case Recap

New Delhi:The Supreme Court on Monday temporarily halted key provisions in the federal government's contentious new Waqf laws, including one demanding potential donors be a 'practicing Muslim' for five years and another nominating non-Muslim individuals to federal and state Waqf boards.

The third halted provision granted District Collectors sweeping powers to decide if a property can be considered waqf; "the Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers..." the Supreme Court ruled.

A bench of Chief Justice BR Gavai and Justice AG Masih said these provisions would lead to an 'arbitrary exercise of power', and paused them till pleas challenging the constitutional validity of amendments to laws governing Waqf, i.e., charitable donations by Muslims, are settled.

But the court refused to stay a requirement for registration of waqf properties; the judges reasoned this aspect was present in law before it was amended but never enforced.

Petitioners challenging waqf law changes had argued implementing this now would discount 'waqf by user' properties, i.e., those claimed by historical possession rather than documentary evidence.

Source:Ndtv

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