Supreme Court: CJI Gavai-led bench to take up Waqf petitions on May 20
On April 17, the Union government assured the top court that it would neither de-notify Waqf properties, nor make any appointments to the central Waqf council and boards till May 5.
The Supreme Court on Thursday said it will hear the petitions challenging the validity of the Waqf Amendment Act, 2025, on May 20 to decide whether any interim stay is required on certain provisions of the law dealing with the status of Waqf properties and inclusion of non-Muslims in Waqf council and boards.
A bench headed by Chief Justice of India (CJI) Bhushan R Gavai directed the petitions to be listed for next Tuesday as he took up the matter for the first time after a bench led by former CJI Sanjiv Khanna had on May 5 pushed the hearing to the new CJI bench due to his impending retirement.
The bench, also comprising justice Augustine George Masih, said that it will hear the petitioners for two hours and also permit the Centre, led by solicitor general Tushar Mehta, two hours to decide on the limited issue of whether any interim order with regard to stay needed to be passed.
At present, the top court recorded an assurance given by the Centre that it will not de-notify Waqf properties, including ‘Waqf-by-user’, and will not make any appointments to the central Waqf council and Waqf boards. The Centre further assured that any appointment carried out by the state will be declared void.
“We will grant two hours to each side... The assurance given by solicitor general will continue. Rather than hearing the main case, we can see the issues which are required for interim relief,” the bench said.
Meanwhile, another set of petitioners who have challenged the earlier Waqf Act of 1995 (now replaced by the 2025 Act) also sought an urgent hearing. Advocate Vishnu Shankar Jain appearing for one such petitioner – Hari Shankar Jain – said that the 1995 Act provides for Waqf Tribunal to determine dispute arising out of waqf properties which is unconstitutional.
“We will not consider any request to hear a challenge against the provisions of 1995 Act. How can we allow a challenge to 1995 Act when we are considering the 2025 Act,” the court said.
Vishnu told the court that these petitions were filed earlier, but the top court directed them to approach the high court. The matter was filed in various high courts. However, after the 2025 Act was challenged, a fresh petition was filed in the top court.
“This provision has been there since 1995. We are making it clear. Just because challenge to 2025 Act is being considered here, you cannot raise these points now against the 1995 Act,” the bench stated.
Mehta told the court that the Centre’s response has been filed addressing three main concerns raised by the earlier bench hearing the matter. While two of these concerns related to the status of waqf properties and appointment to Waqf boards and council, the third pertained to the power given to the Collector to verify if a Waqf property is situated on government land and till the completion of enquiry, the land in question could not be used as Waqf property.
Mehta said he will also file a note before the next date of hearing.
Senior counsel Kapil Sibal, representing the petitioners, informed the court that his clients too have prepared a note that will be circulated to the other side before the next hearing date.
On April 17, the Union government assured the top court that it would neither de-notify Waqf properties, including ‘Waqf-by-user’, nor make any appointments to the central Waqf council and boards till May 5.
Pursuant to this, the Union ministry of minority affairs filed an affidavit on April 25 defending the amended Act and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”.
While approximately 70 petitions have been filed against the new legislation, the top court ordered petitioners to select five lead petitions to address all challenges.
Those include the ones filed by Jamiat Ulama-i-Hind president Arshad Madani, social worker Muhammad Jameel Merchant, AIMPLB general secretary Mohammed Fazlurrahim, Manipur MLA Sheikh Noorul Hassan, and AIMIM chief Asaduddin Owaisi. The court, however, decided to hear the petitions under the common title ‘Re: Waqf Amendment Act 2025’.
