Won't appoint non-Muslims to Waqf boards till interim orders, says Centre
Union government also says it won't denotify 'Waqf by deed' and 'Waqf by user' properties till the next hearing, on May 5
The Supreme Court on Thursday (April 17) directed the Centre to file its stand within a week in the challenge to Waqf (Amendment) Act, 2025 after it was assured by the Union government that 'Waqf by user' or 'Waqf by deed' properties won't be denotified till the next hearing.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan also recorded the assurance of solicitor general Tushar Mehta, representing the Centre, that no appointments in the central Waqf council and boards will be made in the meantime.
Mehta said the government won't denotify Waqf by deed and Waqf by user properties till the next hearing.
Next hearing on May 5
The CJI said if registration of any Waqf property had taken place under the erstwhile 1995 Act, then those properties can't be denotified till the next hearing on May 5. The bench passed the order after Mehta sought a week's time to file a preliminary response to the pleas against the newly-amended Waqf law.
"If your lordships will say something about 'Waqf by user', what will be the fallout?" he asked. The bench, on the other hand, said it was impossible to deal with a number of pleas on the issue and clarified it would only five of them while asking lawyers to decide among themselves who would argue.
The petitioners, the bench said, could file their rejoinders to the Centre's reply within five days of the service of the government's response.
Read the updates below.
Live Updates
- 17 April 2025 9:37 AM GMT
Next hearing of Waqf case on May 5: SC
Next hearing of the case will be conducted on May 5 at 2 pm: Supreme Court
- 17 April 2025 9:32 AM GMT
Won't appoint non Muslims to Waqf Council, Boards or denotify waqf by user till interim orders - Centre to SC
No interim order by the Supreme Court on petitions challenging Waqf Amendment Act after Centre gives suo motu assurance that existing Waqf properties, be it under category of Waqf by user or Waqf by deed, will not be denotified while hearing continues in the case.
Centre has also assured the Court that non-Muslims, barring ex officio members, will not be appointed to Central Waqf Council and State Waqf Boards. The Supreme Court has taken the assurance on record.
These were two of the three points the Supreme Court had, during yesterday's hearing, indicated it would note in its interim order.
There was no assurance from the Centre on the third issue raised by the Supreme Court yesterday with regards to staying the operation of the proviso that allows Collector's to conduct inquiry on disputes regarding government's claims on Waqf properties.
The court has also decided that the case will not be listed henceforth by name of petitioner but as Re: Waqf Amendment Act and that only 5 of the nearly 100 petitions filed against the Act will be heard as main petitions while the remaining pleas will be treated as either applications or disposed off. The counsel for all petitioners have been told to decide by next date of hearing (May 5) which 5 petitions must be treated as the main petitions and to name nodal counsels for the case.
The court has also said that pending petitions challenging the Waqf Act of 1995 and 2013 will be listed separately from those challenging the 2025 Act.
Interim orders and directions, if any, will be delivered by the court on May 5, when the case is taken up for next hearing. By the next date of hearing, the Centre also has to file a detailed reply on issues argued by the Solicitor General during today's hearing.
- 17 April 2025 9:20 AM GMT
Next hearing will be on objections and direction for the interim order: CJI
The CJI said that the next hearing will concern the “preliminary objections and direction” for the interim order, reports Live Law.
- 17 April 2025 9:15 AM GMT
No Waqf appointment, change of property status till next hearing: Centre to SC
The Union Government has assured the Supreme Court that there will be no Waqf appointments and no change of status of Waqf properties till the next hearing.
- 17 April 2025 8:33 AM GMT
Call for live streaming
The Supreme Court Bar Association has requested the SC Registrar for live-streaming proceedings of the Waqf case.
