Supreme Court gives Centre a week to respond on validity of Waqf Act, says no change to 'waqf by user' till next hearing
Supreme Court gives Centre a
week to respond on validity of Waqf Act, says no change to 'waqf by user' till
next hearing
On Thursday, the Supreme
Court gave the Centre a week to file its response on petitions challenging the
constitutional validity of the Waqf (Amendment) Act, 2025. The apex court took
note of the Centre's assurance that till the next date of hearing, waqfs,
including 'waqf by user' declared or registered by notification, will neither
be denotified nor will any change be made in its character. Besides, the Centre
made a statement that no appointments will be made to the Waqf Council or Waqf
Boards. A three-judge bench of Chief Justice of India Sanjiv Khanna and
Justices PV Sanjay Kumar and KV Vishwanathan resumed hearing the case at 2 pm
on Thursday.
The apex court fixed the
next date of hearing for the week beginning May 5, when replies will be filed
by the Centre, the state and the petitioners opposing the Act. The court directed
five petitions to be selected as main petitions which would be decided by the
petitioners. The apex court separated the cases filed by Hindu parties
challenging the earlier wakf laws of 1995 and 2013.
It also directed that all
the five petitions challenging the 2025 Act shall be listed under a common
heading "Regarding the Wakf Amendment Act 2025". On Wednesday, the
apex court bench had expressed its concern over the law. It questioned three
aspects of the law - the status of properties declared 'user by wakf' under
earlier court orders, majority presence of non-Muslim members in the Wakf
Council and Wakf Boards and not allowing a property to be operated as a wakf
property if it is disputed as government plot.
The apex court said it is inclined to pass an interim order staying the operation of the law on these aspects. However, the bench agreed to give an opportunity to the Centre and the states on Thursday when the matter is next heard.
