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SC hearing on Waqf Act 2025 deferred till May 15

The hearing on a batch of pleas challenging the controversial Waqf Amendment Act 2025 in the Supreme Court of India has been deferred till Thursday May 15, 2025

Monday May 5, 2025 7:34 PM, ummid.com with inputs from Agencies

New Delhi: The hearing on a batch of pleas challenging the controversial Waqf Amendment Act 2025 in the Supreme Court of India has been deferred till Thursday May 15, 2025.

While deferring the hearing on Waqf Act 2025 today, the Chief Justice of India (CJI) Sanjiv Khanna said the case will be heard by Chief Justice of India-designate Justice B R Gavai.

"There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me," CJI Khanna, who is set to retire on May 13, 2025, said.

SC Interim Order

As many as 72 petitions have been filed against the Waqf Amendment Act 2025. Besides raising other objections, the petitioners have also said the new act is against the Indian constitution.

During the hearing on these petitions, CJI Sanjiv Khanna led SC bench selected 5 petitions from the 72 and said hearing of the case will be based on them.

The petitioners requested the SC to stay the Waqf Act 2025. The SC, however, on April 17, 2025 while declining a stay of the entire act issued an interim order asking the government to stay away from taking any action on some contentious clauses of the act.

A day before issuing the interim order, the Supreme Court of India had on April 16, 2025 taken the Narendra Modi government to task over the contentious provisions of the Waqf Amendment Act 2025.

During the hearing, 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'.

Solicitor General Tushar Mehta, meanwhile, assured the Supreme Court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the Central Waqf Council and boards till further hearing on May 15.

Centre, AIMPLB Affidavits

The Centre had on April 25 defended the Wakf Act as a valid, lawful exercise of legislative power, in an affidavit filed before the top court.

"It is a settled position in law that the constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally," the Centre said, in its reply filed before the top court.

The Centre submitted that after 2013, there were "an addition of over 20 lakh hectares" (precisely 20,92,072.536) in waqf land.

"Right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India," the Centre said.

The All India Muslim Personal Law Board (AIMPLB) in a counter affidavit termed the Centre's claim of the addition of over 20 lakh hectares of Wakf land as untrue.

In its affidavit, the Muslim Panel also accused the Centre of misleading the apex court. The Muslim panel also demanded action against the officers concerned.

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