Waqf Amendment Act SC Hearing: The Supreme Court on Thursday directed the Centre to file its stand within a week in the challenge to Waqf (Amendment) Act, 2025 after it was assured by the union government that 'waqf by user' or 'waqf by deed' properties won't be denotified till the next hearing.
The Supreme Court on Thursday directed the Centre to file its stand within a week in the challenge to Waqf (Amendment) Act, 2025 after it was assured by the union government that 'waqf by user' or 'waqf by deed' properties won't be denotified till the next hearing.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan also recorded the assurance of solicitor general Tushar Mehta, representing the Centre, that no appointments in the central Waqf council and boards will be made in the meantime.
Mehta said the government won't denotify "waqf by deed" and "waqf by user" properties till the next hearing.
The CJI said if registration of any waqf property had taken place under the erstwhile 1995 Act, then those properties can't be denotified till the next hearing on May 5.
The bench passed the order after Mehta sought a weeks' time to file a preliminary response to the pleas against the newly-amended waqf law.
"If your lordships will say something about 'waqf by user', what will be the fallout?" he asked.
The bench, on the other hand, said it was impossible to deal with a number of pleas on the issue and clarified it would only hear five of them while asking lawyers to decide among themselves who would argue.
The petitioners, the bench said, could file their rejoinders to the Centre's reply within five days of the service of the government's response
The hearing relating to 72 petitions against the constitutionality of the Waqf (Amendment) Act, 2025 took place before a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan.
The bench, which will continue with the hearing on April 17 at 2 pm.
During the hearing, the court flagged three major concerns:
Validity of Waqf by User Properties: Properties previously declared as waqf through court decrees may now be rendered void under the new amendments.
Waqf Council Composition: The inclusion of non-Muslims as majority members in the Central Waqf Council was questioned.
Disputed Waqf Properties: The court raised concerns over ongoing inquiries by district collectors into disputed waqf properties, and the legal implications of declaring such properties as non-waqf.
The court suggested that properties already declared as waqf—including those categorized under waqf by user—should not be de-notified while the constitutional challenge is pending. However, the Centre opposed this move and requested a full hearing before any such directive is passed.
In a pointed query, the bench asked the Centre whether Muslims would be allowed membership in Hindu religious trusts—highlighting concerns over religious parity in the governance of religious endowments.
The bench also stated that:
“All members of the Waqf Boards and the Central Waqf Council must be Muslims, except ex-officio members.”
The bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan was questioning the provisions of the Waqf (Amendment) Act, 2025 that allow for the nomination of non-Muslim members to the Central Waqf Council and state waqf boards.
"Are you suggesting that minorities, including Muslims, should also be included in boards managing Hindu religious institutions? Please state that openly," the CJI said.
Representing the Centre in the matter, Solicitor General Tushar Mehta defended the provisions, emphasising that the inclusion of non-Muslim members is limited and does not affect the predominantly Muslim composition of these bodies.
The law officer also said objections to non-Muslim participation could logically extend to judicial impartiality and by that logic, the bench itself would be disqualified from hearing the matter.
If the objection to the presence of non-Muslims in the statutory boards is accepted, then the present bench would also not be able to hear the matter, Mehta said, adding, "Then your Lordships cannot hear this matter if we go by that logic."
The CJI shot back, saying "No, sorry Mr Mehta, we are not talking just about adjudication. When we sit here, we lose our religion. We are absolutely secular. For us, one side or the other is the same."
The Supreme Court of India on April 16 began hearing a series of petitions questioning the constitutional validity of the Waqf (Amendment) Act, 2025. The matter was taken up by a three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan.
The first day of hearings featured intense arguments, particularly between Solicitor General Tushar Mehta and senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan, and CU Singh, who appeared on behalf of the petitioners.
Advocate Vishnu Shankar Jain spoke to PTI on Supreme Court hearing on Waqf (Amendment) Act, 2025, he said, "There are several draconian provisions in the Waqf Act, 1995. Many of these provisions are unconstitutional. The concept of Waqf by User is wrong. If a Muslim cannot be member of a Hindu Temple, then there cannot be a concept of Waqf by User. This concept should be stayed and the land that was taken using this concept must be returned back."
The West Bengal police on Wednesday formed a Special Investigation Team (SIT) of nine members to probe the violence at Murshidabad district in West Bengal. The minority-dominated region has been rife with violence since last week in the wake of violent protests against the Waqf (Amendment) Act.
The SIT will be led by Deputy Inspector General of Police, according to media reports.
Communal violence erupted in Murshidabad on April 11 when protests against the Waqf (Amendment) Act led to riot-like situation, causing damage to property, leaving many injured, and killing a father-son.
The Supreme Court has resumed hearing petitions filed against constitutional validity of Waqf (Amendment) Act, 2025.
The Supreme Court Bar Association has requested the Supreme Court to live stream the hearings of the petitions challenging the Waqf Amendment Act 2025.
- LiveLaw
According to Bar and Bench, SG Tushar Mehta addressed to the bench and stated, "I want to say something with respect and concern. This court is considering stay directly or indirectly which is rare." He continued, "I am respectfully urging representing the Union. The questions are going to be there. The difficulty is putting it candidly..these are not issues which should lead to staying .. based on prima facie reading of some sections. We need to read past amendments, past acts etc"
He added, "we received lakhs and lakhs of representation .. villages and Villages are taken as waqf. So much land is claimed as waqf. This court may hear it.. but.. this question needs assistance. A large number of people has questions on their property etc."
CJI Sanjiv Khanna Stated, "when the matter is pending before the court, we have to ensure that the situation as it exists now is not disturbed."
He also said, "We had said there were some positive things in the law. We have stated that there cannot be a complete stay. But we also don't want the situation to change which is prevailing now.. so that it affects.. like the 5 years following islam one.. we are not staying that... But some.." and added, "But this is a harsh step. Please give me a week to file a preliminary reply with some documents. This is not a matter which can be considered like this."
Source - Bar and Bench
CJI Sanjiv Khanna Stated, "no appointment of board or council can take place. And if registration has taken place under the 1995 Act, then those properties cannot be disturbed. We are saying the executive decides and the judiciary adjudicates."
SG asked, "if any state makes any appointment till the court decides the case it will be treated as void"
CJI added, "states are also involved here."
SG further said, "Appointment of the board is in my hands it will not happen."
CJI gave the order that, "During course of hearing SG Mehta states that the respondents would like to file a short reply within 7 days and assured that till next date no appointment shall take place to the board and councils under the 2025 Act. He also assures that waqfs including waqf by user already declared by notification or gazetted .. their status shall not be changed. Let the reply be filed within 7 days. Reply to that be filed within 5 days of the service."
He added" Only five writ petitioners to be in court from next hearing. We only want 5 here. You select 5. Others will be treated as either applications or as disposed off. We will not mention name. Now it will be called: In Re: Waqf Amendment Act"
Source - Bar and Bench
CJI told the court, "It is agreed that parties shall identify petitions that will be treated as lead cases. Let others be treated as applications in the lead matters. There is a continuous flow of petitions even today."
the writ petitions challenging the 1995 Waqf Act and amendments made in 2013 shall be separately shown from this list.
Liberty to petitioners as a special case who have filed writs in the 2025 case can also file reply.
Union and states and waqf boards shall also file replies within 7 days and rejoinder in 5 days.
CJI Sanjiv Khanna said, "we clarify that the next hearing will be for the preliminary objections and direction for interim order. The [matter] will be read as In Re Waqf Amendment Act, 1, 2, 3, 4 and 5."