The Supreme Court on Thursday said it would hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on May 20 for interim relief.
A Bench comprising the Chief Justice of India, BR Gavai and Justice AG Masih will consider whether an interim relief of stay is required in the case.
The previous bench, headed by the then CJI Sanjiv Khanna, had said it would consider three issues for interim relief- de-notifying Waqf properties, whether they are Waqf by user or Waqf by deed, nominating non-Muslims to the Wakf Council and State Waqf Boards, and identifying government land under Waqf.
The apex court on Thursday said that, in the meantime, the assurance given by Solicitor General Tushar Mehta that the Central government would not implement the provisions of the Act, would continue.
Solicitor General Tushar Mehta, representing the Centre, had assured the apex court that the key provisions of the Waqf Act, including provisions on de-notifying Waqf properties, inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, and identification of government land under Waqf, will not be given effect to for some time.
The Solicitor General of India also assured that no appointments will be made to the Wakf Council or Waqf boards.
During the hearing, Solicitor Mehta said that the Centre has filed a detailed response in the petitions challenging the constitutional validity of the Waqf Act. Adjourning the matter, the bench said, “We will be considering the issue of interim relief only on Tuesday (May 20).”
A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards the Muslim community and violated their fundamental rights. Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment.
President Droupadi Murmu gave her assent on April 5 to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.
The central government filed its preliminary affidavit in the Supreme Court to seek dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, arguing that the law was not violative of the fundamental rights guaranteed under the Constitution.
The Centre, in its affidavit, had said 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.
The central government had urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and would decide the matter finally.
It had said that taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf. (ANI)
