Supreme Court Scrutinizes 'Waqf-by-User' Concept Amid Legal Debate

Advocate Vishnu Shankar Jain criticizes the 'Waqf-by-user' concept amid the Supreme Court's concerns over the Waqf Amendment Act. Jain argues that properties acquired under 'Waqf-by-user' should be reclaimed, and raises questions about the Supreme Court's approach in handling the cases directly under Article 32.

In light of growing legal disputes, Advocate Vishnu Shankar Jain has raised significant concerns over the 'Waqf-by-user' concept following the Supreme Court's examination of the recently enacted Waqf Amendment Act. Jain argues that properties acquired under this doctrine should be retrieved, questioning its validity when similar concepts like 'temple-by-user' or 'church-by-user' are non-existent.

Defending the Waqf Amendment Act, Jain highlighted that the provision disdains the 'waqf-by-user' notion in land disputes and endorses reclaiming government properties designated as Waqf. "While not entirely up to expectations, the Act at least addresses disputed areas by rejecting 'waqf-by-user' and intends to reclaim such wrongly assigned government properties," Jain stated.

The concept of 'waqf by user' refers to land designated as waqf purely through longstanding use for religious activities rather than through formal documentation. Jain critiques the Supreme Court's readiness to engage with the matter directly under Article 32, labeling it as potentially setting a 'wrong precedent'. He suggests channeling all related cases to one High Court for a consolidated constitutional review within six months.

(With inputs from agencies.)