New Delhi: A CJI B.R. Gavai-led Bench of the Supreme Court is set to pronounce, on Monday, its decision on issuing a stay on the Waqf (Amendment) Act, 2025 — a law vehemently defended by the Union government as a tool to curb misuse of Waqf properties and ensure greater transparency in their management.
On May 22, the Bench, also comprising Justice A.G. Masih, heard the petitioners’ and the Centre’s views over three hearings before reserving its order.
The validity of the contentious Act, which came into effect on April 5 with the Presidential assent, has been challenged by, among others, All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi and Congress MP Mohammad Jawed.
The petitioners moved the apex court, contending that the amendment amounted to discrimination against Muslims.
Appearing for the petitioners, senior advocate Kapil Sibal called the amended Waqf Act "unconstitutional" and "arbitrary".
Sibal objected particularly to the clause that provides for suspension of the Waqf status of a property during an ongoing investigation.
Senior advocate Rajeev Dhavan argued that no external officer or authority has the right to declare what is or isn't essential to a religion. "Waqf is not just a legal entity, but a spiritual and social institution deeply woven into the lives of Muslims," said Dhavan, citing past Supreme Court judgments.
Earlier, Solicitor General Tushar Mehta, the second-highest law officer of the Centre, argued that the concept of Waqf is not essentially a religious practice. He said that Waqf boards administering such properties were engaged in secular and administrative functions.
The new law amended the Waqf Act, 1995, to address the regulation of Waqf properties, that is, religious endowments or properties dedicated exclusively for religious or charitable purposes under Islamic law. On April 17, a Bench headed by then CJI Sanjiv Khanna decided not to order a stay on the Waqf (Amendment) Act, 2025, after the Centre assured the apex court that the contentious provisions would not be implemented for the time being.
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