Supreme Court Hearing on Waqf (Amendment) Act, 2025
On April 16, 2025, the Supreme Court conducted a two-hour hearing on petitions challenging the Waqf (Amendment) Act, 2025. The provisions in question involved:
- De-recognition of the “established” waqf-by-user category of property.
- Allowing non-Muslims into waqf administrative bodies.
- Granting the state power to determine if a property was waqf or government.
Bench and Proposed Interim Orders
The hearing was conducted by a three-judge Bench headed by Chief Justice of India Sanjiv Khanna. A three-point interim order was proposed:
- Properties declared waqf by courts should not be de-notified or treated as non-waqf for now, including those categorized as:
- Waqf-by-user or waqf by long usage without documentation or registration.
- Waqf by declaration or “otherwise”.
- The designated government officer may investigate whether a property is waqf or government, but the use of the property as waqf could be stayed.
- Non-Muslims may be appointed as ex-officio members in the Central Waqf Council and Waqf Boards provided the other members are Muslims.
Arguments Presented
- Senior advocate Kapil Sibal argued for the petitioners, questioning the state's authority to deny the waqf-by-user status, particularly for waqfs established centuries ago lacking records.
- Solicitor General Tushar Mehta, representing the Union government, objected to the claim that the Centre had “usurped” the Central Waqf Council, stating it was illogical to argue that only Muslims could manage or determine waqf status.
Case Adjournment
The government sought more time to present its arguments. The case was adjourned to April 17, 2025, without issuing an interim order or notice to the Centre.
