The Supreme Court on Monday scheduled the hearing of petitions challenging the Waqf (Amendment) Act, 2025, for May 15 before a bench headed by Chief Justice of India-designate BR Gavai.
Chief Justice of India Sanjiv Khanna is set to retire on May 13, and Justice Gavai will take oath of the CJI office on May 14.
CJI Khanna said even for passing interim order, it requires lengthy hearing as it posted the matter before a bench headed by Justice Gavai.
“I do not want to reserve any judgment or interim order at this stage. This matter will have to be heard on a reasonably early date, and this will not be before me. If you all agree, we will post it before a bench of Justice Gavai,” said CJI Khanna.
At the outset, the bench headed by CJI said that it has gone into the counter affidavit filed by the Centre and rejoinder affidavits of petitioners filed in the case, and certain points were raised with regard to registration of Waqf properties.
The bench also comprising Justices PV Sanjay Kumar and KV Viswanathan posted the matter for hearing on May 15. 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.
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.
The Centre had earlier assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and provisions on de-notifying Waqf properties, will not be given effect to for some time.
The Solicitor General of India also gave an assurance that no appointments will be made to the Waqf Council or Waqf boards.
The central government on Friday filed its preliminary affidavit in the Supreme Court while seeking dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, as it said 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 said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally.
It had been said that taking away the statutory protection to a Waqf-by-user does not deprive any member of the Muslim community from creating a Waqf. (ANI)
