On Wednesday, the top court bench headed by Chief Justice of India Sanjiv Khanna had expressed its concerns over the law. It questioned three aspects of the statute - the status of ‘Waqf by user’ properties declared so under earlier court orders, the majority presence of non-Muslim members in the Waqf Council and Waqf Boards and disallowing a property from operating as waqf property if it is disputed as a government plot.
The apex court said it was inclined to pass an interim order pausing the operation of the law on these aspects. However, the bench agreed to give the Centre and states an opportunity on Thursday, when the case is due to be heard next.
A view of the Supreme Court building in New Delhi. (HT photo)
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The bench said,"We will say that whichever properties have been declared by the court to be Waqf or held to be Waqf will not be de-notified as Waqfs or be treated as non-Waqf properties, whether they are by Waqf-by-user or waqf-by-declaration or otherwise... declared by courts or otherwise also."
CJI Sanjiv Khanna had observed that "government cannot rewrite history" through the changes brought in by the amendments to Waqf law while referring to the scope under the new Act to de-notify properties declared as Waqf long ago.
Several petitions were filed in the apex court challenging the Act, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.
The All India Muslim Personal Law Board (AIMPLB) has also challenged the Act, saying it strongly objected to the amendments passed by Parliament for being "arbitrary, discriminatory and based on exclusion".
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President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.
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President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.
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Home/India News/Supreme Court to stay parts of Waqf Amendment Act 2025? What to expect in today's hearing
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