Today, the Suprem Cout (Suprem Cout) will restart the hearing on petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025. The case will be heard by Chief Justice BR Gawai and Justice Augustine George Christ. Earlier, a bench of former CJI Sanjeev Khanna (Sanjeev Khanna) was hearing the case, which retired on 13 May.
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On April 17, the Supreme Court indicated that it was considering to ban some provisions of the controversial Waqf Act, 2025. These include the principle of ‘Waqf-by-UGer’, representation of non-Muslims in Waqf boards, and the rights given to the collector to change the status of the disputed Waqf land.
What did former CJI say?
Former Chief Justice of India Sanjeev Khanna said that usually we do not stop any law unless there are extraordinary circumstances, and the matter seems to be an exception. He expressed concern that if the ‘Waqf-Bai-Uzer’ was non-informed, it could have serious consequences. Justice PV Sanjay Kumar and KV Vishwanathan were also involved in this hearing.
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Doubt on ‘Waqf-by-UGer’
The Waqf law of 2025 eliminates the principle of ‘Waqf-by-UGer’. The ‘Waqf-by-Ujger’ is the property that has been used for a long time for Muslim religion or religious purposes, and is considered a Waqf, even if the property is not registered. Due to this change, questions can be raised on the validity of many Waqf properties.
CJI Khanna said that it is very difficult to register ‘Waqf-by-UGer’, which causes ambiguity in it. He also mentioned that this concept could be misused, but the presence of real ‘Waqf-by-User’ cannot be denied.
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Who is the new CJI Justice BR Gawai?
Justice BR Gawai was born on 24 November 1960 in Amravati, Maharashtra. He started advocacy on 16 March 1985 and practiced independently in the Bombay High Court from 1987 to 1990. After this, he worked in Nagpur bench and served as permanent lawyers of Nagpur Municipal Corporation, Amravati Municipal Corporation and Amravati University. From August 1992 to July 1993, he served as Assistant Government Advocate and Additional Public Prosecutor at Nagpur bench of Bombay High Court.
He was appointed as a government prosecutor and public prosecutor in Nagpur bench on 17 January 2000. Subsequently, on 14 November 2003, he was made additional judge of the Bombay High Court, and on 12 November 2005 he was appointed as a permanent judge.
He heard various types of cases in the benches of Nagpur, Aurangabad and Panaji along with the principal bench of Mumbai. On 24 May 2019, he was appointed as a judge of the Supreme Court of India.
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CJI Gawai has been part of 700 benches
According to the Supreme Court website, in the last six years, the court formed around 700 benches, which heard cases on various subjects like constitutional and administrative law, civil, criminal, commercial dispute, arbitration, power law, education, environment etc.
He has written about 300 decisions, including many constitution bench decisions, which protect the fundamental, human and legal rights of the law and citizens.
