CJI Khanna defers pleas on Waqf Act to May 15, says Centre's reply needs 'consideration'; to be heard by successor

New Indian Express

05-05-2025

"Deliberate, purposeful and intentionally misleading narrative, is built very
mischievously giving an impression that those Waqfs (including 'waqf by user') which do not have document to support their claims will be affected. This is not only untrue and false but purposefully and deliberately misleading this court,' the affidavit said.
The affidavit also justified the provision giving sweeping powers to the district Collector to determine the ownership of a government land which is identified as Waqf stating that it is to "set the revenue records right."
The Centre, in its 1,332-page preliminary counter affidavit, submitted that there cannot be a "blanket stay" on the law as there was a "presumption of its constitutionality."
It also claimed that the law was not violative of the fundamental rights guaranteed under the Constitution.
"The amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution," it said.
Justifying the inclusion of non-Muslims in the Waqf Boards, a move widely criticised as a direct attack against the religious freedom of Muslim community, the Centre said, "The maximum possible number of non-Muslims in the Central Council is four out of 22 members and three out of 11 members in State Waf Boards, assuming the ex-officio members are also non-muslims."
Coming down heavily on the Centre's plan to include non-Muslims in the Waqf Boards, the court during the initial hearing on April 17 had asked, "Are you suggesting that Muslims could now be part of Hindu endowment boards as well? Please state it openly."
In its affidavit, the Centre further justified the inclusion of non-Muslims claiming that managing large number of waqf properties across the country which include land, buildings, and financial assets dedicated to charitable and religious causes "involves significant secular activities. "
"Maintaining accurate records, preventing misappropriation, resolving disputes, and ensuring that the income is used for the intended charitable purposes, such as education, healthcare, and assistance to the needy. Further, such properties often deal with the rights of people of other communities and their claims to such properties. The regulation of such properties, therefore, may have a public order aspect as well," the Centre said in its affidavit.
The Centre notified the Waqf (Amendment) Act, 2025, last month after it got President Droupadi Murmu's assent on April 5.
The Bill was cleared by the Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
The law was widely criticised as a blatant intrusion into the religious matters of the Muslim community sparking widespread protests across the country.
Several political parties such as the DMK, YSRCP, AIMIM, the Left parties, civil society groups such as NGOs, Muslim bodies and others have moved the apex court challenging the validity of the Act.