The council pointed out that Section 2(a) of the Act, which excludes trusts established by Muslims for purposes similar to a Waqf, has not been stayed.
Published Sep 15, 2025 | 8:10 PM ⚊ Updated Sep 15, 2025 | 8:10 PM
Munambam Land Protection Council. (Supplied)
Synopsis: At a meeting held on Monday, 15 September, evening, the council assessed the implications of the court’s order and decided to continue its protest without change. Members emphasised that the legal position is now clear and urged the state government to speed up pending measures.
The Munambam Land Protection Council expressed relief that the Supreme Court’s interim order on the Waqf (Amendment) Act, 2025 will not affect their land dispute.
The council pointed out that Section 2(a) of the Act, which excludes trusts established by Muslims for purposes similar to a Waqf, has not been stayed.
This, they said, ensures that land purchased from Farook College, a registered trust, cannot be categorised as Waqf property.
At a meeting held on Monday, 15 September, evening, the council assessed the implications of the court’s order and decided to continue its protest without change. Members emphasised that the legal position is now clear and urged the state government to speed up pending measures.
They also highlighted that the commission headed by Justice CN Ramachandran Nair has already submitted its report, and further delay would only prolong the dispute.
The conflict concerns over 400 acres in Ernakulam’s Vypeen Island, which was endowed to Farook College in 1950 for educational purposes.
Decades later, the land has become a contested site, with over 600 families at risk of eviction, widespread legal challenges, and intense political maneuvering.
Refusing to issue a blanket stay order on the Waqf (Amendment) Act, 2025, the Supreme Court paused certain provisions of the Act on Monday.
While issuing the interim order, the Supreme Court noted that the presumption favoured the constitutionality of a law passed by the legislature.
The Bench of Chief Justice BR Gavai and Justice Augustine George Masih stayed the stipulation that an individual should be a practitioner of Islam for at least five years. The court said the provision could lead to arbitrariness unless state governments framed rules to provide a mechanism.
The court also stayed the provisions empowering the government to recognise a Waqf land during the pendency of decision by the government officer on the dispute of encroachment. Allowing the Collector to decide the dispute was against the separation of powers, Live Law quoted from the stay order.
(With inputs from Sreelakshmi Soman)
