Daijiworld Media Network- New Delhi
New Delhi, Apr 17: The Supreme Court of India is set to resume hearing on Thursday a batch of petitions challenging the constitutional validity of the contentious Waqf (Amendment) Act, 2025, which has triggered legal and political storms across the country.
A three-judge bench led by Chief Justice Sanjiv Khanna, and comprising Justices Sanjay Kumar and K.V. Viswanathan, will take up the matter at 2 p.m. The court on Wednesday heard senior advocates and representatives from both sides but refrained from passing any interim order after the Centre and several states sought time to present their arguments.
Among the court’s key concerns were the status of “Waqf by user” properties declared by past court rulings, now potentially rendered void by the amended Act; the controversial provision allowing non-Muslim majority representation in Waqf Councils; and the clause deeming properties under dispute during a Collector’s enquiry as non-Waqf.
Chief Justice Khanna highlighted the sensitivity of the matter and expressed dismay over reports of violence in West Bengal related to protests against the amended law. “If the matter is pending here, there should be no violence. That is very disturbing,” the CJI remarked.
The top court also made strong observations regarding proposed changes to Waqf properties. “Properties declared as waqf, either by usage or deed, should not be de-notified during the pendency of this matter,” the bench observed.
Another striking exchange unfolded as the court questioned the Centre: “Can Muslims be members of Hindu religious trusts? If not, how can non-Muslims be part of Waqf boards?” The court proposed that while ex-officio members could belong to any faith, all appointed members of Waqf boards and the Central Waqf Council must be Muslims.
Appearing for the petitioners, senior advocate Kapil Sibal challenged the provision limiting the right to create waqf only to those who have been practising Islam for the past five years. “How can the State decide if I am Muslim enough to create a waqf? This is absurd,” Sibal contended.
Abhishek Manu Singhvi, also representing petitioners, urged the bench not to transfer the petitions to high courts, stating that the Act’s national implications warranted a centralised adjudication by the Supreme Court.
Solicitor General Tushar Mehta, defending the Act, said it had undergone extensive parliamentary scrutiny, with 38 sittings of a joint committee and analysis of over 98 lac representations. Mehta resisted the court’s suggestion to protect "waqf by user" properties from de-notification, insisting that the government should first be heard in full.
Senior advocate Huzefa Ahmadi argued that “waqf by user” is a deeply rooted Islamic tradition, upheld even by Privy Council judgments. “Disallowing this will unravel decades of settled practices,” he said.
The Waqf (Amendment) Act, 2025, received Presidential assent on April 5 after passing Parliament amidst heated debates. It was approved in the Lok Sabha with 288 votes in favour and 232 against, and in the Rajya Sabha with a margin of 128–95.
As many as 72 petitions have been filed against the law, including those by AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.
The Centre has also filed a caveat in the apex court to ensure that no interim relief is granted without hearing its position. The case continues to draw intense scrutiny as it straddles legal, religious, and constitutional lines, with the nation closely watching the court’s next move.