Guwahati: The Supreme Court of India on Thursday, granted the central government one week to file a detailed response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, and has set the date of the new hearing on May 5, 2025.
This decision followed the government’s assurance in the court that they would not denotify the properties categorized as ‘waqf by user’ or ‘waqf by deed’ until the next hearing.
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A bench comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan acknowledged the assurance given by Solicitor General Tushar Mehta, representing the Centre.
Mehta stated that the government would refrain from denotifying these types of waqf properties until the next hearing scheduled for May 5, 2025.
Furthermore, the Supreme Court appeared receptive to concerns raised by petitioners regarding the inclusion of non-Muslims on Waqf boards.
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The Centre informed the apex court that it would make no new appointments to the Central Waqf Council and state boards in the interim period.
Chief Justice Khanna clarified that if anyone had registered any waqf property under the previous 1995 Act, the court would also protect those properties from denotification until the May 5th hearing. The bench issued this order after Solicitor General Mehta requested a week’s time to file a preliminary reply.
During the proceedings, the CJI raised concerns about the potential fallout of the Act, particularly regarding the ‘waqf by user’ category. This category refers to properties recognized as religious or charitable endowments based on long-term, uninterrupted use, even without a formal written declaration.
The bench indicated that it would only hear arguments from five lead petitions out of the numerous pleas filed on the matter, asking lawyers to coordinate amongst themselves to decide who would present their arguments.
Later, the court has granted five days to the petitioners after receiving the Centre’s response to file their rejoinders.
Notably, during the previous hearing on Wednesday, the bench had expressed its unease regarding the inclusion of non-Muslims in the central Waqf council and boards, even questioning the Centre’s willingness to include Muslims in Hindu religious trusts.