The Supreme Court said on Thursday that it would listen to a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 for interim relief on 20 May.
The Chief Justice of India, BR Gawai and Justice AG Masi will consider a bench, whether there is an interim relief to live in the case.
The previous bench headed by the then CJI Sanjeev Khanna said that it would consider three issues for interim relief-to de-notify the Waqf properties, whether they are waqf by the user or the Waqf, Wakef Council and State Waqf boards by nominating non-Muslims, and identify government land under WAQF.
The apex court said on Thursday that, meanwhile, the assurance given by Solicitor General Tushar Mehta will continue that the Central Government will not implement the provisions of the Act.
Representing the Center, Solicitor General Tushar Mehta had assured the Apex Court that the major provisions of the Waqf Act, including de-notification of Waqf properties, inclusion of non-Muslims in the Central Waqf Council and Waqf boards and the government’s identity under Waqf will not be affected for some time.
The Solicitor General of India also assured that no appointment would be made in WAKF Council or WAQF boards.
During the hearing, Solicitor Mehta said that the Center has filed a detailed response to petitions challenging the constitutional validity of the Waqf Act. Postponing the matter, the bench said, “We will consider only the issue of interim relief on Tuesday (May 20).”
A batch of petitions challenging the Act was filed before the apex court, stating that it was discriminated against the Muslim community and violated their fundamental rights. Six Bharatiya Janata Party ruled states also transferred the apex court in support of the amendment.
President Draupadi Murmu gave his consent on the Waqf (Amendment) Bill, 2025 on 5 April, which was first passed by Parliament after a hot debate in both houses.
The Central Government filed its initial affidavit in the Supreme Court, which was not a violation of the fundamental rights guaranteed under the Constitution to reject the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The Center said in its affidavit that the amendments are only for the regulation of the secular aspects about the management of properties and therefore, there was no violation of guaranteed religious freedom under Articles 25 and 26 of the Constitution.
The central government had urged the court not to maintain any provision of the Act, saying that it is a systematic position in the law that the constitutional courts would not directly or indirectly be a legal provision, and will finally decide the matter.
It had said that a person from the Muslim community is not denied the vaqf by taking legal security to the Waqf-by-UGer. (AI)
