The Supreme Court may stay some provisions of the Waqf Amendment Act, of 2025. The court said that it is thinking of issuing an interim order not to denotify the properties declared as Waqf based on use (Waqf by User).
Supreme Court may give interim order.
The court expressed its intention to pass an interim order on the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and also on the powers of the Collector regarding Waqf properties. But on the opposition of the Central Government and its request to hear its arguments on these issues first, the court adjourned the hearing of the case till Thursday without issuing any order.
The Supreme Court will hear the arguments of the petitioners supporting the law.
Now the court will hear the arguments of the Central Government and the petitioners supporting the law on Thursday. Only after that it will be decided whether any interim order will come in this matter or not. On Wednesday, a bench of Chief Justice Sanjeev Khanna, Sanjay Kumar and KV Vishwanathan heard the case. During the two-hour long hearing, the court asked several questions to both the parties.
Questions were raised on the petitioners' opposition to making registration of Waqf properties compulsory, and questions were asked to the Central Government on making registration of Waqf properties with Waqf by User compulsory.
Questions were raised on making registration of Waqf properties compulsory.
Questions were asked to Solicitor General Tushar Mehta on the provision of including non-Muslims in the Central Waqf Council and Waqf Boards, while on the Muslim petitioners' opposition to the new law regarding Waqf al Aulad by citing Article 26, the court reminded of the Hindu Succession Act. It said that this article does not stop the Parliament from making laws. It applies equally to all.
Will Muslims be included in Hindu charitable trusts?
The court asked about the inclusion of non-Muslim members in the Central Council and Waqf Board, will Muslims be included in Hindu charitable trusts? Tell us openly. The Chief Justice said that properties declared as Waqf by the courts should not be de-notified, whether they are Waqf by User or Waqf by Deed.
The bench also indicated a stay on the provision of the amended law which states that a Waqf property will not be considered as Waqf until the Collector investigates whether the property is government land or not.
All members of the Central Waqf Council should be Muslims - CJI.
The CJI said that all members of the Waqf Board and the Central Waqf Council, except the ex-officio members, should be Muslims. ''Waqf by User'' refers to a practice in which a property is recognized as a religious or charitable endowment (Waqf) based on its use. Even if no formal, written declaration of Waqf has been made by the owner. At the same time, ''Waqf by Deed'' refers to considering those properties as Waqf for which legal papers are available.
Hear its side before passing any order.
Initially, the court did not seem very keen to consider this matter. The Chief Justice put two questions before the petitioners in the beginning. The first was why not send all the petitions to the High Court and the High Court hear the case? The second question was that the petitioners should briefly explain on what grounds they have challenged the law?
Senior advocates Kapil Sibal, Rajiv Dhawan, Abhishek Manu Singhvi, and CU Singh presented their side on behalf of the petitioners opposing the Waqf law, while Solicitor General Tushar Mehta appeared on behalf of the central government. The court has not yet issued a formal notice in this case. However, the central government had filed a caveat so that the court would not pass any interim order in a one-sided hearing. Hear its side before passing any order.
More than 70 petitions have been filed.
More than 70 petitions have been filed in the Supreme Court challenging the Waqf law. In most of these, the Waqf Amendment Act, 2025 has been termed unconstitutional and demanded to be repealed. However, some petitions have also been filed in support of the law. Some petitions have challenged both the Waqf Act, of 1995, and the Waqf Amendment Act, of 2025 and demanded their repeal.
Violence during protests against the Waqf Act is disturbing
The Supreme Court has expressed concern over the violence during the protests against the Waqf Act and called it a disturbing incident. When the hearing on the Waqf Act was over on Wednesday, Chief Justice Sanjeev Khanna said that one thing is very disturbing. This violence that is happening is disturbing.
There should be no violence in any part of the country.
Agreeing with the CJI's concern, Solicitor General Tushar Mehta said that the protesters think that in this way they will put pressure on the system. But then Kapil Sibal, who appeared on behalf of the Muslim petitioners, opposed Mehta's arguments and said - who is putting pressure? We do not know. However, other lawyers present in the court also expressed concern over the violence and said that violence should not happen.
Hindus migrated in large numbers from Murshidabad.
The CJI also said that there are some good things in the law. That should also be highlighted, as my fellow judge has said. The CJI was pointing towards Justice KV Vishwanath, who had mentioned some good provisions of the Waqf Act several times during the hearing.
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