New Delhi, May 15—The Supreme Court on Thursday scheduled May 20 to hear interim relief petitions challenging the Waqf (Amendment) Act, 2025. A bench led by Chief Justice B R Gavai and Justice Augustine George Masih deferred the hearing, stating that only issues of interim relief would be considered on that date.
Key Issues for Interim Relief
The court will hear arguments concerning three key issues raised by the petitioners:- Power to Denotify Waqf Properties: Petitioners are contesting provisions related to the denotification of waqf properties, including those declared as such by courts, by user, or by deed.
- Composition of Waqf Boards: The petitioners argue that only Muslims, barring ex-officio members, should be part of state waqf boards and the Central Waqf Council.
- Collector’s Inquiry into Government Land: A controversial provision under the amended Act allows waqf property status to be denied if the district collector determines the land is government-owned.
Submissions and Clarifications
Senior advocate Kapil Sibal and other counsels representing the petitioners and Solicitor General Tushar Mehta for the Centre have been directed to file written submissions by May 19.Mehta reiterated the Centre’s standing assurance that no waqf properties, including those created by users, would be denotified. He also confirmed that no appointments would be made to the Central Waqf Council or state boards under the new law, pending the hearing.
SC Ruling Out Stay on 1995 Act
During the May 20 hearing, the bench made it clear that it would not entertain requests to stay the provisions of the Waqf Act of 1995.“Just because someone is challenging the 2025 Act does not mean they can now raise issues related to the 1995 Act,” CJI Gavai observed, responding to a plea by advocate Vishnu Shankar Jain for an urgent hearing on the older law.
Background and Parliamentary Passage
Following the retirement of former CJI Sanjiv Khanna on May 13, the matter was transferred to the current bench headed by Justice Gavai. Previously, on April 17, the Centre assured the apex court it would take no action on waqf property denotifications or appointments until May 5.Despite the court suggesting an interim stay on contentious provisions, the Centre had opposed any blanket order, citing the constitutionality of the law passed by Parliament.
The Waqf (Amendment) Act, 2025, was enacted after receiving presidential assent on April 5. It passed the Lok Sabha with 288 votes in favor and 232 against, and cleared the Rajya Sabha with 128 supporting votes and 95 opposing.
The Ministry of Minority Affairs submitted a detailed affidavit of over 1,300 pages on April 25 defending the amendment and resisting a broad stay on its implementation.
