On May 15, the Supreme Court scheduled a hearing for interim relief concerning the Waqf (Amendment) Act, 2025, for Tuesday. During the session, the Court clearly stated that any challenge to the Waqf Act, 1995, would not be allowed in the context of the case challenging the 2025 Amendment Act.
"We will not consider any request or stay of the provisions of the 1995 Act. We are making it clear," the Court emphasized.
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A bench led by Chief Justice of India B.R. Gavai, along with Justice A.G. Masih, briefly heard Senior Advocates Kapil Sibal, Rajiv Dhavan, Abhishek Manu Singhvi, Huzefa Ahmedi, and C.U. Singh representing the petitioners. Solicitor General Tushar Mehta appeared for the Union government.
The Counsels informed the Court that the case was transferred to the present bench after former CJI Sanjiv Khanna retired on May 13.
SG Mehta highlighted that his reply addressed three main issues identified by the Court:
- Waqf Properties Declaration: Properties declared as Waqfs, whether by waqf-by-user or waqf by deed, should not be de-notified during the case hearing.
- Inquiry by Collector: The Amendment’s proviso that prevents a property from being treated as Waqf during a government land inquiry will not be enforced.
- Composition of Waqf Boards: All members of Waqf Boards and the Central Waqf Council must be Muslims, except ex-officio members.
Senior Advocate Sibal also indicated that the petitioners would submit a short note on provisions considered unconstitutional for circulation among parties. The Court requested SG Mehta to do the same.
An advocate objected to the five lead petitions being filed by Muslim parties, arguing that it could give a polarized impression. However, SG Mehta and Sibal countered this, explaining that the case title was changed to 'In Re Challenge to Waqf Amendment Act' to maintain neutrality.
Advocate Vishnu Shankar sought to challenge the Waqf Act, 1995, arguing that several of its provisions were unconstitutional. However, CJI Gavai clarified that the challenge to the 1995 Act could not be allowed in a case focusing on the 2025 Amendment Act.
"How can we permit you to raise the challenge to the provisions of the 1995 Act in the 2025 Act?" the CJI questioned.
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The matter has been heard previously on April 16 and 17. During those sessions, Senior Advocate Sibal highlighted issues with the 2025 Amendment Act, particularly the removal of the 'waqf by user' provision. He emphasized that it is challenging to provide registration documents for ancient mosques and dargahs, which traditionally qualify as waqf by user.
Case Details: IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)|W.P.(C) No. 276/2025 and connected matters
