- By Talibuddin Khan
- Wed, 16 Apr 2025 06:59 PM (IST)
- Source:JND
Waqf Amendment Act Hearing LIVE Updates: The Supreme Court on Wednesday took up the pleas challenging the constitutional validity of the newly passed Waqf (Amendment) Act, 2025. Posing tough questions to the Centre, the top court asked the BJP-led Centre whether Muslims would be allowed to be a part of Hindu religious trusts.
Hearing a bunch of pleas, a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and V Viswanathan also mulled to put a stay on three provisions of the newly passed legislation including the powers of collectors in deciding the disputed Waqf properties, provisions on de-notifying properties declared as waqf by courts and the inclusion of non-Muslims in Waqf Council and Boards.
However, the top court did not pass any iterim order in the matter and said that it will continue to hear the matter tomorrow. According to a report by Bar and Bench, the top court during the hearing said, "Our interim order will balance equities. We will say:
1. Whichever properties were declared by court to be waqf will not be de-notified or be treated as non waqf.. whether it is waqf by user or not.
2. Collector can continue with proceedings .. but the provision will not be given effect to
3. Regarding board and council.. ex officio members can be appointed. But the other members have to Muslims."
On the issue of "waqf by user", the top court asked Solicitor General Tushar Mehta, appearing for the Centre, how waqf by user can be disallowed as many will not have requisite documents to get such waqfs registered.
"How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem. Legislature cannot declare a judgment, order or decree as void. You can only take the basis," the bench said.
The top court also proposed to order that the properties declared as waqf won't be de-notified but the Centre opposed the suggestion and sought a hearing before such a directive.
"The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are by waqf-by-user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025," the bench said.
What Is Waqf By User?
“Waqf by user” refers to the recognition of a property as a religious or charitable endowment (waqf) due to its continuous and long-standing use for religious or charitable purposes. This designation can be made even in the absence of a formal or written declaration of waqf by the property’s owner.
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Questioning the provision of inclusion on non-Muslims in the Waqf Boards and Councils, the court asked the Centre whether Muslims would be allowed in the governing bodies of Hindu temples across the country.
"Mr. Mehta are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly," the Court asked Solicitor General Tushar Mehta, who said that he can state on affidavit that not more than 2 members will be non-Muslims.
"Are you ready to make a statement before the court.. that maximum 2 (only) - apart from the 2 ex officio members will - be non-Muslims," the Bench persisted. "I can put it on affidavit," the SG assured.
The apex court said when a public trust was declared to be a waqf 100 or 200 years ago, it couldn't suddenly be taken over by the waqf board and declared otherwise. "You cannot rewrite the past," the bench said.
The court in the hearing earlier considered referring the pleas to one high court but later heard at length a battery of senior advocates, including Kapil Sibal, Abhishek Singhvi, Rajeev Dhavan and solicitor general Tushar Mehta, who represented the Centre. The bench, which did not issue a formal notice as of now, said it would resume hearing on the petitions at around 2 pm on April 17.
As many as 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been filed challenging the validity of the Act.
The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses. The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
(With Agencies Inputs)
