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 4:11 PM IST
Laws cannot act like the lords: Abhishek Manu Singhvi
Solicitor General said time and again that the law granted (land) and it took it away. Unfortunately, laws cannot act like the lords. This argument for waqf by user is a fundamental fallacy. It recognises waqf by the user. You recognise it - a recognition of essential Islamic concept is not by legislation but part of the concept: Senior Advocate Abhishek Manu Singhvi representing petitioners
- 22 May 2025 4:04 PM IST
Everyone wants to go to heaven without knowing whether it exists or not: CJI
Senior advocate Rajeev Dhavan: Essentiality and integrality of Waqf are established. It is part of charity, and it is part of the five pillars of Islam
CJI: Like it was said, everyone wants to go to heaven without knowing whether heaven exists or not (smiles)
Dhavan: Some people call me an Arya Samaji Marxist. There was 'agni', rain and surya. So temples are not essential to Hinduism if you go back to Vedas
- 22 May 2025 4:02 PM IST
We all are striving to go to heaven: Justice Masih
Sibal: Waqf is a dedication to God
CJI: With other religions also (there are similar acts of charity)
Sibal: Others are charity to the community. This is a dedication to God. Once given, it can't be taken back
CJI: As in Hinduism, Moksha
Sibal: Yes
Justice Masih: We are all striving to go to heaven
- 22 May 2025 3:26 PM IST
Sibal: Please see if there is any notification under the previous Act. It will be void by Section 3D
CJI: No, no, earlier 1923 Act...
Sibal: Ownership is lost... This section 3D has an overriding effect... ASI has to preserve it, but ownership... under the Amendment Act.. the title goes
CJI: But JPC has noted that when muttawaali has control...ASI work is not allowed by the Muttawalis (to carry out conservation work at protected monuments that have been declared waqf)...
Sibal: Yes, so regulate it. But how can ownership be taken away?
CJI: We will examine it
- 22 May 2025 3:23 PM IST
Sibal: They are saying rules will be notified... If registration depends on a process and the process is absent, then it cannot be said that the community's rights depend on it.
- 22 May 2025 3:19 PM IST
Sibal: This is a state responsibility by statute, which they did not discharge... That is to conduct the survey. Now you cannot remedy your own wrong by a legislative fiat
- 22 May 2025 3:19 PM IST
Sibal: How can it be taken back ... ? Limitation cannot apply. This has serious consequences
CJI: Yes, we will look into it
- 22 May 2025 3:10 PM IST
Burial ground can't be taken back after 200 years: Sibal
Sibal: Please see this judgment by Justice Fazal Ali... 1976
CJI: But what about government land?
Sibal: Yes, the community goes and asks the government that we need a burial ground...land is allotted. But then after 200 years, they ask it back, and then what? Burial ground cannot be taken back like this... this is everywhere
- 22 May 2025 3:08 PM IST
'Court being taken for a ride': Sibal, SG spar over surveys
Sibal: Jammu Kashmir - 1 waqf registered ... UP - 0. Imagine, the Lucknow Imambara goes away... this is something drastic
SG: The court is being taken for a ride
Sibal: You make all statements... and say we misled the court
CJI: But see there are (other) states like Tamil Nadu, Punjab, Kerala...
- 22 May 2025 3:00 PM IST
Sibal slams failure of states to conduct waqf surveys
Sibal: From 1954 to 2013, only one state completed the waqf survey. This happened due to whom? Communities will be deprived because of failure of state governments in conducting surveys. This is per expropriatory.
