Supreme Court to consider question of interim relief in pleas challenging validity of amended Waqf law on May 20
NEW DELHI: The
Supreme Court
on Thursday said it will consider the question of interim relief on May 20 while hearing pleas against the
constitutional validity
of the Waqf (Amendment) Act 2025.
SC bench led by
CJI B R Gavai
will consider on May 20 whether interim order is required on three issues:
waqf by user
, nomination of non-Muslims to Wakf Council and Boards, and identification of government land under waqf.
The case was previously being heard by former Chief Justice Sanjiv Khanna, who demitted office on May 13.
The Act, notified after receiving President
Droupadi Murmu
's assent on April 5, has sparked controversy over key provisions, particularly those concerning waqf by user, the denotification of
waqf properties
, and the inclusion of non-Muslims in the Central Waqf Council and state
Waqf Boards
.
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What happened so far
On April 17, the top court recorded an assurance from the Union government that no waqf properties, including those recognised through long-standing usage ("waqf by user"), would be denotified and no appointments would be made to waqf councils or boards until May 5. This assurance came after the Centre urged the court not to stay the law without hearing its side, noting that the Act had been passed by Parliament following "due deliberations."
Opposing any interim stay, the Centre had earlier objected to the apex court's proposal to freeze key provisions of the Act, arguing that such a move would amount to judicial overreach into legislative powers.
Centre's defence
On April 25, the ministry of minority affairs submitted a 1,332-page affidavit defending the law and calling for dismissal of the petitions. The affidavit strongly rejected demands for a "blanket stay" and claimed there was a "mischievous false narrative" surrounding the amendment.
The government also countered concerns that the inclusion of non-Muslims could dilute the representation of Muslims in waqf institutions. It justified the provision on waqf by user, warning that judicial intervention could result in a 'legislative regime by judicial order.'
Interestingly, the Centre flagged a 116 per cent increase in the number of waqf properties recorded since 2013, calling it "shocking" and indirectly suggesting irregularities or manipulation in the waqf records over the years.
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