SC takes Modi govt to task over contentious provisions of Waqf Act 2025
The Supreme Court of India Wednesday April 16, 2025 took the Narendra Modi government to task over the contentious provisions of the Waqf Amendment Act 2025 that are also opposed by the Indian Muslim organizations and opposition parties
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New Delhi: The Supreme Court of India Wednesday April 16, 2025 took the Narendra Modi government to task over the contentious provisions of the Waqf Amendment Act 2025 that are also opposed by the Indian Muslim organizations and opposition parties.
Hearing a batch of petitions challenging the Waqf Amendment Act 2025, the Supreme Court of India was especially harsh on the provision allowing non-Muslims as member of the Waqf boards and revoking the practice of 'waqf by user'.
“Are you saying that from now on you will allow Muslims to be part of Hindu endowment boards?” Chief Justice of India Sanjiv Khanna asked Solicitor General Tushar Mehta, adding, “Say it openly.”
The Solicitor General then suggested that by the same logic “this bench also cannot hear the case”.
These remarks, however, drew a fiery response from the Supreme Court bench.
"What! When we sit over here. We lose our religion. For us both sides are the same. How can you compare it with the judges?" the Chief Justice said.
Justice Viswanathan also noted that there were practical issues such as ingress and outgress in mosques, which is why familiarity with the premises might be relevant. The SG responded that such checks could be conducted by the Charity Commissioner.
During the hearing, the 3-judge SC bench also said denotifying Waqf by user would have "huge consequences", as it stopped short of passing interim orders on the matter.
Another key concern raised during the SC hearing on the petitions challenging the Waqf Act today was the amended law which gives Collectors the authority to suspend the waqf status of land during inquiries, which the petitioners argued constitutes undue interference in Muslim religious affairs.
The Supreme Court of India at the same time expressed its concerns over violence that erupted in some parts of India during the protests against the newly formed Waqf Act.
Nonetheless, the questioned raised by the SC judges today are in line with the views of Indian Muslim organizations and opposition parties on the issue.
The apex court acknowledged the gravity of the concerns raised and indicated that it would consider issuing an interim order to ensure the protection of waqf properties.
The Supreme Court hearing on the matter will continue tomorrow i.e. Thursday April 17, 2025 at 02:00 PM.
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