The Supreme Court on Thursday heard the petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025. This hearing was heard by Chief Justice D.Y. In the absence of Chandrachud, it was before a bench headed by Chief Justice Sanjeev Khanna, in which Justice PV Sanjay Kumar and Justice K.K. V. Vishwanathan was also involved.
A total of 72 petitions have been filed against the Act. The court asked the central government many important questions, of which ‘Waqf by user’ Special concern was expressed about properties.
What is ‘Waqf by user’?
‘Waqf by user’ is said to be the assets that have been used in public work in public for a long time, but they have no written Waqf deed or document.
CJI’s anxiety: can have serious consequences
During the hearing, CJI Sanjeev Khanna said in the oral comment, “Usually does not stop any law, but it can be an exception to make ‘Waqf by user’ properties. This can lead to serious consequences.”
Question on non-Muslim participation
The bench also questioned whether the central government is ready to include Muslim representatives in Hindu religious trusts, as the amendment law provides for the inclusion of non-Muslims in the Waqf boards.
Center’s objection and detailed hearing demand
On behalf of the government, Solicitor General Tushar Mehta said that a detailed hearing is required before any interim order. On the other hand, senior advocates Kapil Sibal, Abhishek Manu Singhvi, CU Singh and Rajiv Dhawan presented arguments on behalf of the petitioners.
Preparation of potential interim order
The CJI indicated to pass the interim order, which included a proposal to ban the non-sufficient of the Waqf properties declared by the courts. The bench made it clear that this order would be aimed at maintaining ‘equality and balance’.
Court objections on revised provisions
The bench also questioned the provision of the law, which states that the collector will not be considered as government or not, whether the property is government or not. The court has sought a clear answer from the Center on provision-wise objections.
Next hearing
The hearing will continue on Friday, in which other provisions of the law and the arguments of the parties will be heard in detail.
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