Will you include Muslims in Hindu endowment boards? Key observations by Supreme Court in Waqf Act case

The Supreme Court on Wednesday heard arguments in the petitions challenging The Waqf (Amendment) Act, 2025 and proposed to stay the key changes brought in by the Narendra Modi-led Central government to regulate the Muslim religious properties in India.A three-judge Bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan is likely to pass an interim order on Thursday. A bevy of senior lawyers appeared before the Court to oppose the amendments or defend them. Bar and Bench looks at the key observations made by the top court today.You cannot rewrite past: CJICJI Khanna today remarked that the government cannot rewrite the history through the changes brought in by the amendments to Waqf law.He was referring to the scope under the new Act to de-notify properties declared as waqf long ago."When a public trust is declared to be a Waqf 100 or 200 years ago.. suddenly you say it is being taken over by the Waqf board and declared otherwise," the Court said..Will Muslims be part of the Hindu endowment boards? CJIThe amendments to the law provide for inclusion of non-Muslims in the Central Waqf Council and Waqf Boards. During the hearing today, CJI Khanna had a pointed question for the Solicitor General (SG) Tushar Mehta:"Mr Mehta, are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly!".Judges lose religion when they are on Bench: CJIIn context of inclusion of non-Muslims in the Waqf Boards, CJI Khanna expressed surprise at SG Mehta's submission that the Bench cannot hear the case if argument against it were accepted.The SG was referring to the Hindu identity of the three judges on the Bench but it did not go down well with the CJI."What! When we sit over here. We lose our religion. For us both sides are the same. How can you compare it with the judges? Why not have non Muslims also in the advisory board of Hindu endowments then," the CJI retorted..May be impossible to produce documentsThe Court today also remarked that it may be impossible to present documents like sale deeds for certain religious properties which may be in existence for centuries."The issue is with government property. Before British came, we did not have any registration or Transfer of Property Act. Many masjids will be in 14th or 15th century... Suppose Jama Masjid," it said.On this, SG Mehta said,"What stopped them from registering it?".Collector's powers under questionThe powers given to government officer/ Collector under the amended Waqf Act also came under discussion during the hearing. "Is that fair? The moment collector starts deciding it, it stops being Waqf! Is it fair?," the Court asked.