SC refuses to stay entire waqf law, stalls certain provisions
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New Delhi (PTI): The Supreme Court on Monday refused to stay the Waqf law, saying there was a “presumption” of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.
Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.”
The top court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.
It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.
“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,...,” the CJI said.
It directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO.
It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.
The detailed judgement is awaited.
The top court on May 22 had reserved its order on three key issues, including the power to denotify properties declared as "waqf by courts, waqf-by-user or waqf by deed", which cropped up during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.
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Mercury likely to touch 44 deg C in Delhi; IMD issues alert for heatwave-like conditions
New Delhi (PTI): Delhi recorded a minimum temperature of 26.2 degrees Celsius on Sunday, 2.4 notches below the seasonal average, according to the India Meteorological Department.
The weather department has forecast partly cloudy sky with an orange alert for heatwave-like conditions at isolated places by the evening.
The maximum temperature is expected to reach around 44 degrees Celsius on Sunday, the IMD said.
The relative humidity in the capital was recorded at 43 per cent at 8.30 am.
The air quality was 'poor' at 9 am, with an Air Quality Index (AQI) reading of 223, Central Pollution Control Board (CPCB) data showed.
According to the CPCB, an AQI between zero and 50 is considered 'good', 51 and 100 'satisfactory', 101 and 200 'moderate', 201 and 300 'poor', 301 and 400 'very poor', and 401 and 500 'severe'.
