The Supreme Court on Thursday scheduled a crucial hearing for May 20 to consider interim relief on a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The matter will be heard by a Bench led by Chief Justice of India BR Gavai and Justice AG Masih.
The previous bench, headed by the then CJI Sanjiv Khanna, had said it would consider three issues for interim relief- de-notifying Waqf properties, whether they are Waqf by user or Waqf by deed, nominating non-Muslims to the Wakf Council and State Waqf Boards, and identifying government land under Waqf.
The apex court on Thursday said that, in the meantime, the assurance given by Solicitor General Tushar Mehta that the Central government would not implement the provisions of the Act, would continue. Solicitor General Tushar Mehta, representing the Centre, had assured the apex court that the key provisions of the Waqf Act, including provisions on de-notifying Waqf properties, inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, and identification of government land under Waqf, will not be given effect to for some time.
The Solicitor General of India also assured that no appointments will be made to the Wakf Council or Waqf boards. During the hearing, Solicitor Mehta said that the Centre has filed a detailed response in the petitions challenging the constitutional validity of the Waqf Act. Adjourning the matter, the bench said, “We will be considering the issue of interim relief only on Tuesday (May 20).”
A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards the Muslim community and violated their fundamental rights. Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment.
President Droupadi Murmu gave her assent on April 5 to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses. The central government filed its preliminary affidavit in the Supreme Court to seek dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, arguing that the law was not violative of the fundamental rights guaranteed under the Constitution.
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