Waqf Act case hearing: Supreme Court reserves interim orders on 3 key issues
Centre defends Waqf Amendment Act, asserting that waqf by nature was a secular concept; petitioners challenging the Act call it a means to capture waqf properties
The Supreme Court on Thursday (May 22) reserved its interim orders on three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed", after hearing a clutch of pleas challenging the validity of the Waqf (Amendment) Act, 2025.
On the third consecutive day of the hearing, the Supreme Court bench comprising Chief Justice BR Gavai and Justice Augustine George Masih heard senior advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Manu Singhvi on behalf of those opposing the legislation and Solicitor General Tushar Mehta, representing the Centre.
Centre vs petitioners
The Centre strongly defended the Act, saying waqf by its very nature is a “secular concept” and can't be stayed given the “presumption of constitutionality” in its favour.
Sibal, leading the petitioners, described the law as a "complete departure from historical legal and constitutional principles" and a means to "capture waqf through a non-judicial process".
"This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised," Sibal said.
3 key issues
The petitioners at the present stage sought interim orders on three key issues.
One of the issues related to the power to denotify properties declared as waqf by courts, waqf-by-user, or waqf by deed.
The second issue was over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members whereas the last one is over the provision stipulating a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
Contentious amendment
On April 25, 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 got President Droupadi Murmu's assent on April 5.
The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
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Live Updates
- 22 May 2025 4:57 PM IST
Entire TN village declared waqf land: Lawyer
A lawyer from TN says that an entire village has been declared waqf land. He says the temple in the village was built by Chola king Aditya Chola, and says that Islam is only 1,400 years old.
“We will see,” says CJI
- 22 May 2025 4:52 PM IST
Last aspect, S.2 and proviso- if you register the waqf asa trust, you don't have to suffer the rigours of the act - the object of the Waqf Act is not to discourage Muslims to not registering a trust. You are indirectly telling them to register a trust and not a waqf. The whole idea is to discourage them: Ahmadi
- 22 May 2025 4:51 PM IST
Ahmadi: A Muslim tribal is signalled out as he cannot make a dedication of waqf. Interestingly, the Solicitor General said what stops him from making a trust?
CJI: He did not make that argument in respect to S. 3E
- 22 May 2025 4:50 PM IST
There are two aspects. My learned friend said that in the future if any tribal can make a dedication, it cannot in a scheduled area. This is this is retrospective because it affects prior dedication as well. Secondly, he said this was meant protection for tribals- effect of S. 3E is- it does not protection right of scheduled tribal, but actually takes way the right under A. 25 and 26 3. this is meant to protect tribals from illegal alienation- the act does not prohibit transfer therefore, transfers can still take place: Ahmadi
- 22 May 2025 4:32 PM IST
'Act takes away tribals' right to make a waqf'
Senior Advocate Huzefa Ahmadi: The Act does not prohibit transfer, and therefore transfers can take place... thus it does not protect tribals from illegal transfers, but it only takes away their right to make a waqf
- 22 May 2025 4:28 PM IST
No registration of waqf land in J-K: Advocate AM Dar
Advocate AM Dar: I have come from Jammu and Kashmir. I will show how waqf is an essential religious practice... it is there in Surah Al Baqarah. The term Waqf comes from an Arabic word 'waqafa' which means "to detain," "to hold," or "to tie up."
The more a user gives waqf, the closer he is to Allah.
There is a Sadqah Jariya (continuous charity)... this is a foundation stone of Islam. In 622 CE, Hijri waqf was introduced by the Prophet himself...In J-K there was no registration of waqf. 1970 Waqf Act, 2003 came and then in 2013.. no registration in any of them. There are so many shrines in J-K on waqf land.
- 22 May 2025 4:23 PM IST
Singhvi: Relief can be moulded. But just to itemise the prayer petitioners are seeking deletion of 3r, then 3r(i), 3C, 3D, 3E, 9 and 14, 36(7a), and 41
- 22 May 2025 4:23 PM IST
Singhvi: There is no Act that says a Muslim professes faith for five years... this is a reverse burden of proof. I am the only faith asked to do this. Direct hit on Article 15. No other religion is asked to prove this contrivance reverse test.
- 22 May 2025 4:13 PM IST
Only 5 states, 4 UTs did survey: Singhvi
Singhvi: Please see the admission of Mr Mehta on page 258...he quotes the JPC report and says that five out of 28 states and four out of eight Union territories made the survey. And 9 per cent of the total country is represented in these two figures
