The Supreme Court granted the Centre seven days to file its stand on the challenge to the Waqf (Amendment) Act, 2025. In addition, the Court has set May 5 to hear pleas against the validity of the Act.
The apex court granted the Centre a week after it was assured by the union government that ‘Waqf by user’ or ‘Waqf by deed’ properties would not be denotified till the next hearing, according to PTI.
A bench comprising Chief Justice (CJI) Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan recorded the assurance of the Solicitor General Tushar Mehta, representing the government, that no appointments will be made to the Central Waqf Council and Board till the next hearing. Mehta stated the government would not denotify “Waqf by deed” and “Waqf by user” properties in the meantime.
The CJI clarified that if registration of any waqf property had taken place under the erstwhile 1995 Act, then those properties can not be denotified till the next hearing on May 5.
The bench passed the order after Mehta sought a week to file a preliminary response to the pleas against the Waqf Act.
“If your lordships will say something about ‘waqf by user’, what will be the fallout?” he asked.
PTI also reported, the top court said that it is “impossible to deal with so many pleas” on the issue and said that the court will hear only five. The court also asked the lawyers to decide among themselves who would argue on the matter.
SC also said that the petitioners can file a rejoinder to the Centre’s reply in five days, post which it will list the matter for interim orders.
Talking to reporters, Advocate Barun Kumar Sinha informed that the court did not put a stay order. The Court has written in the order that the government will “not de-notify the properties (Waqf-by-user) which are registered and gazetted” till the next date.
He said, “The Supreme Court didn’t put a stay. The Solicitor General of India said that no appointment will be made either in the council or in the board under the new amendment act. The Supreme Court has written in the order that the government will not de-notify the properties (Waqf-by-user) which are registered and gazetted till the next date.”
He continued, “However, the government is free to take action on other properties. The centre told the court that you cannot stay a law passed by the parliament and that the centre is ready for a day-to-day hearing… The issue has been listed for May 5, and the hearing will begin on that day.”
This development comes a day after the SC began hearing over 70 petitions challenging the constitutional validity of the Waqf Act.
