New Delhi: The Supreme Court on Thursday said it would on May 20 hear the point of interim relief in the challenge to the Waqf (Amendment) Act, 2025.
A bench comprising Chief Justice B R Gavai and Augustine George Masih, which deferred Tuesday’s hearing, would hear arguments for passing interim directions on three issues including the power to denotify properties declared as waqf by courts, 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 a waqf when the collector conducts an inquiry to ascertain if the property is government land.
“We will be considering the issue of interim relief only on Tuesday,” the CJI said.
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 May 19.
The bench was informed by the lawyers from both sides that the judges might require more time to go through the pleadings.
Mehta said in any case, there was a subsisting assurance of the Centre that no waqf properties, including those established by waqf by user, would be denotified.
He had previously assured no appointments to the Central Waqf Council or state waqf boards would be made under the new law.
The bench clarified it will not be considering any plea for a stay of provisions of the erstwhile 1995 waqf law on May 20.
“We will not consider any request or stay of the provisions of the 1995 Act. We are making it clear. Just because someone is trying to make a challenge to the 2025 Act, somebody just wants to jump in and challenge the 1995 Act-that will not be permissible,” the CJI said.
Lawyer Vishnu Shankar Jain argued the petition against the 1995 waqf law also needed an urgent hearing.
“If they have existed since 1995 and are not challenged then how they can be challenged now?” the bench asked.
Former CJI Sanjiv Khanna, whose bench was hearing the matter, demitted office on May 13, and the matters were transferred to the bench headed by Justice Gavai.
On April 17, 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 till May 5.
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 councils and boards.
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.
