SC to hear Waqf case on 20 May, may pass interim order

The Supreme Court, set to hear the pleas challenging constitutional validity of the Waqf (Amendment) Act, 2025 on Tuesday, 20 May could pass interim orders in the case.

A bench comprising Chief Justice of India B.R. Gavai and Justice Augustine George Masih on 15 May deferred the hearing to 20 May and said it would hear arguments for passing interim directions on three issues, including the power to denotify properties declared as waqf by court, waqf-by-user or waqf by deed.

The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members.

The third issue relates to a provision that says a waqf property will not be treated as waqf when the collector conducts an inquiry to ascertain if the property is government land.

The bench asked senior advocate Kapil Sibal and others, appearing for those challenging the validity of the law, and solicitor-general Tushar Mehta, representing the Centre, to file their written notes by 19 May.

The bench was informed by lawyers on both sides that the judges might require more time to go through the pleadings.

Mehta said in any case, there was a subsisting assurance by the Centre that no waqf properties, including those established as waqf by user, would be denotified.

He had previously assured that no appointments to the Central Waqf Council or state waqf boards would be made under the new law.

The bench clarified that it will not be considering any plea for a stay of provisions of the erstwhile 1995 waqf law on 20 May.

Former CJI Sanjiv Khanna, whose bench was hearing the matter, demitted office on 13 May, and the matters were transferred to the bench headed by now CJI Gavai.

On 17 April, the Centre assured the top court that it would neither denotify waqf properties, including 'waqf by user', nor make any appointments to the Central Waqf Council and boards until 5 May.

The Centre had opposed the apex court's proposal to pass an interim order against the denotification of waqf properties, including 'waqf by user', aside from staying a provision allowing the inclusion of non-Muslims in the Central Waqf Council and state boards.

On 25 April, the Union ministry of minority affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

The Centre notified the Waqf (Amendment) Act, 2025 last month after it received President Droupadi Murmu's assent on 5 April.

The Bill was cleared by the Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in favour and 95 against.