The Supreme Court is set to deliver an interim order today regarding the Waqf (Amendment) Act, 2025, sparking significant interest. The court will address challenges to the Act’s legality, concentrating on three critical aspects. The primary focus is on the right to remove properties from the Waqf, particularly those designated as Waqf through court decisions, established usage, or documentation.
The Supreme Court had reserved its interim order on May 22, after hearing arguments over three days. Chief Justice B.R. Gavai led the bench, listening to the petitioners and Solicitor General Tushar Mehta, who represented the central government, before reserving the order.
Petitioners are contesting the broad powers granted by the amended law to remove properties from the Waqf. They also object to the composition of the State Waqf Board and the Central Waqf Council, advocating for restricted membership to Muslims, excluding ex-officio roles.
Another concern relates to the District Collector’s authority to alter property classifications. The Act allows the District Collector to reclassify a Waqf property as government land after investigation, leading to the loss of its Waqf status. This provision is also being contested.
The central government defends the Act, highlighting the secular nature of Waqf. It maintains that the amended law aligns with the constitution, even if it stems from Islamic traditions.
Senior Advocate Kapil Sibal, representing the petitioners, criticized the law as a departure from historical and constitutional principles. He claimed the Act aims to seize Waqf through non-judicial means. The Ministry of Minority Affairs submitted a 1,332-page preliminary affidavit on April 25, opposing a complete stay on the law.
The Waqf (Amendment) Act, 2025, was officially announced on April 8 after receiving the President’s approval on April 5. The Lok Sabha and Rajya Sabha approved the Act on April 3 and April 4, respectively. Subsequently, petitions were filed in the Supreme Court.
The Supreme Court bench conducted three days of hearings, hearing from lawyers challenging the Act and the Solicitor General before reserving its interim order.
Syed Qasim Rasool Ilyas, spokesperson for the AIMPLB, expressed optimism regarding the court’s decision. He anticipates relief on issues related to ‘Waqf by user’ and the appointment of non-Muslims in the Waqf Council. Stays have been requested for the Law of Limitation and the UMEED portal. He anticipates a favorable ruling from the Court.
