Waqf Act: Supreme Court weighs interim stay on key provisions, Centre defends law; Hearing to resume today

The Supreme Court will proceed listening to a batch of petitions spirited the constitutional validity of the Waqf (Modification) Act, 2025 on Thursday. The head court docket will hear the matter at 2 p.m. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Okay.V. Viswanathan used to be on Wednesday intriguing to enviornment a examine on the petitions and circulation a quick inform. On the other hand, the Centre and a number of of the states sought time to pronounce their submissions sooner than any intervening time inform is handed.

In some unspecified time in the future of the listening to, the court docket indicated three concerns — the validity of Waqf by consumer properties declared earlier by court docket decrees which now may change into void, having non-Muslims as majority members in Waqf Council, and pending enquiry by the collector on disputed Waqf property, the declaration that the same may no longer be treated as Waqf property.

After the conclusion of listening to, CJI Sanjiv Khanna expressed enviornment over the violence that has broken out in West Bengal towards the amendments to Waqf Act.

“One thing is extraordinarily aggravating is the violence that's taking pronounce. If the matter is pending right here it is a ways going to no longer happen,” the CJI acknowledged.

The Supreme Court proposed to inform that the properties declared as Waqf, including “waqf by consumer”, won’t be de-notified however the Centre adversarial the suggestion and sought a listening to sooner than the sort of directive.

The head court docket furthermore asked the Centre if Muslims would be allowed to be a part of Hindu non secular trusts.

“The properties declared by courts as waqf should now not be de-notified as waqf, whether or no longer they are by waqf-by-consumer or waqf by deed, whereas the court docket is listening to the topic to the Waqf Modification Act 2025,” the bench acknowledged.

The head court docket furthermore acknowledged, “All Participants of the Waqf boards and central Waqf Council should be Muslims, as adversarial to the ex-officio members.”

The bench earlier realistic referring the pleas to at least one high court docket however later heard at length a battery of senior advocates, including Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan and Solicitor Identical earlier Tushar Mehta, who represented the Centre.

The CJI extra proposed to circulation an inform to notify that ex-officio members may be appointed in spite of their faith however others wanted to be Muslims.

The court docket wondered Mehta on how “waqf by consumer” may even be disallowed as many mustn't procure requisite paperwork to acquire such waqfs registered.

“Waqf by consumer” refers to a note the place a property is recognised as a non secular or charitable endowment (waqf) based on its prolonged-term, uninterrupted utilize for such capabilities, despite the indisputable fact that there isn’t a formal, written declaration of waqf by the proprietor.

“How will you register such Waqfs by consumer? What paperwork will they've? This may consequence in undoing one thing. Sure, there is some misuse. But there are real ones furthermore. I procure long previous via privy council judgments furthermore. Waqf by consumer is recognised. If you happen to undo it then it should be a local. Legislature can no longer direct a judgment, inform or decree as void. You may best take the inspiration,” the bench acknowledged.

Mehta submitted that a joint parliamentary committee had 38 sittings and examined 98.2 lakh memorandums sooner than Parliament’s each and each homes handed it.

The CJI at the open of the listening to acknowledged, “There are two aspects we are looking to hunt records from each and each the sides to address. Within the starting up, whether or no longer we should entertain or relegate it to the high court docket? Secondly, point out in brief what you may well very well be actually urging and attempting to argue? We're no longer announcing there is any bar on Supreme Court in listening to, deciding pleas towards the regulations.”

Sibal, acting for the petitioners referred to Waqf Modification Act and acknowledged used to be spirited the provision that says best Muslims may build waqf.

“How can pronounce resolve whether or no longer, and how I'm a Muslim or no longer and which ability that of this fact, eligible to construct waqf?” Sibal asked.

He added, “How can government advise best folks which are practising Islam for final five years can build waqf?”

Senior imply Abhishek Manu Singhvi, who represented a number of of the petitioners, submitted that Waqf Act would procure all India ramifications and pleas should now not be referred to the high court docket.

Senior imply Huzefa Ahmadi, opposing Waqf Act, acknowledged Waqf by consumer used to be an established note of Islam and couldn’t be taken away.

The Centre no longer too prolonged ago notified the Waqf (Modification) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in each and each Homes.

The Invoice used to be handed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It used to be cleared by the Lok Sabha with 288 members supporting it and 232 towards it.

As many as 72 petitions, including these by AIMIM leader Asaduddin Owaisi, All India Muslim Interior most Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, had been filed spirited the validity of the Act.

The Centre, on April 8, filed a caveat in the Supreme Court and sought a listening to sooner than any inform used to be handed in the matter.

A caveat is filed by a celebration in the high courts and the apex court docket to ensure that no orders are handed without listening to it.