'Concerned over violence': SC posts further hearing on Waqf (Amendment) Act challenge pleas for tomorrow

The Supreme Court on Wednesday expressed its concern over violence taking place amid protests against the Waqf (Amendment) Act, 2025.

"One thing that is very disturbing is the violence which is taking place. Once the matter is before court, it should not happen," a bench headed by CJI Sanjiv Khanna remarked.

The bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, fixed the pleas challenging the constitutional validity of the amendments introduced in the Waqf Act, 1995, for further hearing on Thursday at 2 p.m., including the arguments of the Union government on passing of an interim order.

During the course of the hearing, the apex court indicated that it would pass an interim order providing that the properties already declared as waqf by court order or otherwise will not be denotified by virtue of the recent amendment.

It proposed that provision of the Waqf (Amendment) Act, 2025, providing that a waqf property would not be treated as a waqf while the Collector is conducting an inquiry on the aspect if the property is a government land, should not be given effect to.

Further, the CJI-led Bench said that it intends to pass an interim order providing that all members of the waqf boards and Central Waqf Council, except the ex-officio members, should be Muslims.

Solicitor General Tushar Mehta opposed the passing of an interim order and urged the CJI Khanna-led Bench to give the Union government a hearing before any order is passed. He added that a reply would be filed within two weeks if a notice is issued to the Union government, and the matter may be taken for hearing on a day-to-day basis.

At the very outset of the hearing, the top court said: "Two aspects we would like both sides to address. First, whether we should entertain writ petitions or relegate it to the High Court? Second, what do you (petitioners) want to argue?"

Multiple petitions have been filed before the Supreme Court challenging the constitutional validity of the recent amendments introduced in the Waqf Act, 1995.

After the legislation was passed by Parliament in the first week of April, the Congress announced it will challenge the Waqf (Amendment) Bill (now an Act after the Presidential assent) before the Supreme Court, claiming that it was an attack on the basic structure of the Constitution and was aimed at "polarising" and "dividing" the country on the basis of religion. On the other hand, the government has said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim.

In his petition filed before the apex court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Another plea filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi said the impugned amendments are "ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary".

Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), the Indian Union Muslim League, Taiyyab Khan Salmani, and Anjum Kadari, have filed petitions challenging the constitutional validity of the provision.

In response to the petitions seeking a stay on the implementation of the Waqf (Amendment) Act, 2025, the Union government has filed a caveat, or notice submitted to a court by a party to a litigation who wishes to be heard before any order is likely to be issued on the opponent's plea, in the Supreme Court.

Also, several BJP-ruled states, including Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, and Uttarakhand, have approached the Supreme Court seeking to defend the Waqf (Amendment) Act, 2025.

The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.