New Delhi: The Supreme Court on Thursday barred some provisions of the controversial Waqf (Amendment) Act, 2025, when the Modi government assured not to make new appointments in the Central Waqf Council or State Boards and promised that they were promised that they either registration or a gazette notification, including the Waqf-Boys, who was announced.
Under the leadership of India’s Chief Justice Sanjeev Khanna, it would not be appropriate to appear in front of a three-judge bench and Justice Sanjay Kumar and KV Vishwanathan, Solicitor General Tushar Mehta that “A parliamentary legislation) indirectly or directly to consider some prima facial or tental reading.”
The Mehta was referring to the proposal of the bench to operate the three major provisions of the Act, which, it opposed the prima facials, possibly leading serious consequences. The bench, however, did not issue any stay order, when the Solicitor General sought more time to convince the bench not to catch the implementation of the said classes.
Show full article
The SC on Wednesday indicated the possibility of some provisions of the revised law to remain. These are related to inclusion of non-Muslims in Waqf boards and councils, if a potential representation of an unregistered waqf-bY-asr property. If it is on a government land and if a dispute is raised and does not treat those private trusts that are declared as WAQF as WAQF, as WAQF in terms of the new law.
Mehta got up to address the bench even before the hearing was resumed. The government said, “The History of (Waqf) Act, 1923 Act will have to be taken to the judges, which is a hundred years ago, followed by 1935, after 1954, after 1984, followed by 1984.”
He said, “A committee was recommended after 1995 and amendment. And in the meantime, we are accountable to people as a government and a Parliament.
,
The Solicitor General informed the judges that before the case is such that the court would need assistance, even to issue an interim order “because it would either affect a large number of innocent people, their rights of land, their rights of property, their rights …”. ,
When Justice Kumar said that the court was not deciding the case, Mehta replied: “But your Lordship is partially, indirectly, or the way anyone can call it, some statutory provisions are taking very serious and harsh steps without full assistance.”
He then requested for a week’s time to allow him to record his submission as to why the petitioners should not be given interim relief, saying that he wants to put “physical documents and laws” before the court in support of the changes made in the law.
“This is not a case that your Lordship also wants to consider Prima Facial Reading,” he repeated.
CJI Khanna intervened and said that the court is concerned about heavy changes that could be possible with the implementation of the law. However, he rejected the full stay of the Act, given that there are some “good provisions”.
The CJI said, “At the same time, we do not want the situation to change … We do not want the situation to change so fast that it affects,” the CJI said, pointing out that the court was not willing to catch the section that allows someone who is doing a practice to make a WAQF for at least five years.
“One of the rules of thumb applies to courts, they do not remain law in the initial stage. At the same time, there is another thumb rule … that when the matter pending the view before the court is pending, it is prevalent as today’s situation that the rights of the parties should not be disturbed.”
This inspired Mehta to record his assurance about the protecting the Waqf-by-User properties, which are registered and not proceeding with appointments in the Waqf boards and the Central Council.
After a brief hearing, the court ordered: “… .. During the hearing, Solicitor General Tushar Mehta said that the respondents have to give a small response that will be filed in seven days.”
“He further states that until the next date of hearing, he assures the court whether the council and the board will be appointed under Section 9 and 14 of the revised provisions. It is also said that by the next date of hearing, the use of Waqf including Waqf, the use of Waqf, was declared through notification or will not change their character.
This gave the respondents seven days to record their reactions and compete with affidavits. “The response should be filed within five days after the response.”
The next hearing will be held on 5 May.
(Edited by Tony Rai)
Also read: What SC said on Waqf-by-User, Non-Muslim in Council on the day of hearing on Waqf Act amendment