The Supreme Court Today (April 29) again refused to accept a fresh petition challenging the Waqf (Amendment) Act, 2025. The bench urged petitioners to follow due process, saying, “We will hear all.”
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NEW DELHI: The Supreme Court of India today refused to accept a new petition that was filed to challenge the constitutional validity of the Waqf (Amendment) Act, 2025.
The matter came up before a special bench that included Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.
During the hearing, Advocate Firoz Iqbal Khan appeared and tried to explain the importance of the term ‘Waqf’.
He said,
“Waqf is a word which originates in the Quran. I have been practicing at the bar. We need to understand it..I need to assist your lordships.”
Listening to the advocate, Chief Justice Sanjiv Khanna asked him to stick to the case arguments, saying,
“Make your arguments in the case.”
Justice Sanjay Kumar also pointed out that the bench was not considering fresh writ petitions at this stage.
He remarked,
“We are not entertaining writs… if you want to argue something.. argue in the case listed before us and make points which needs to be done.”
Chief Justice Khanna assured that everyone would be heard at the right time, stating,
“We will hear all.”
He further informed the parties that multiple cases on the same issue had already been filed.
He said,
“5 cases have been registered.. if you want to argue additional points.. move impleadment applications..this way cases will just pile up.”
At this point, Senior Advocate Sanjay Hegde suggested a solution, saying,
“It can be treated as an IA.”
Responding to this, CJI Khanna made an observation about the repetition in petitions.
He said,
“I did not want to say it but some petitions are verbatim and same… so please do some work.. if points have to be made.. it can be made when the case is heard.”
Advocate Khan once again emphasized the need for his assistance in the case, saying,
“My assistance will be needed. waqf by user needs to be explained…”
Justice Sanjay Kumar, however, advised him to follow proper procedure instead of arguing then and there.
He simply said,
“Just file the application..why are you arguing now.”
The bench made it clear that at this stage, no fresh petitions would be entertained separately. Parties interested in raising new points must file appropriate applications for being heard together with the cases already pending.
The Waqf (Amendment) Act, 2025, has attracted serious attention and legal challenges, mainly questioning its constitutional legitimacy. However, the court is proceeding cautiously, making sure that the hearing process remains systematic and efficient without unnecessary pile-up of repetitive petitions.
The matter will continue as per the schedule decided by the Supreme Court.
YESTERDAY IN APEX COURT
NEW DELHI: The Supreme Court of India Yesterday (April 28) refused to accept a new petition that challenged the constitutional validity of the Waqf (Amendment) Act, 2025. The Court said that it cannot deal with “hundreds” of petitions on the same matter.
A special bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing the plea filed by petitioner Syed Alo Akbar. The bench told his lawyer to file an intervention application instead in the five petitions that are already pending. These cases are scheduled to be heard on May 5 for passing interim orders.
ALSO READ: Waqf Amendment Act| Supreme Court to Hear Five Petitions
The Chief Justice clearly told the petitioner,
“You withdraw this. We passed an order on April 17 saying only five petitions will be taken up for hearing,”
and further added,
“It will be open for the petitioner to file an application in the pending petitions if so advised.”
Earlier, on April 17, the Supreme Court had decided that it would only hear five petitions out of all those filed related to the Waqf (Amendment) Act, 2025.
The Court has titled the matter as “In Re: Waqf (Amendment) Act, 2025.”
Around 72 petitions were filed in total, including important ones by AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the political party DMK (Dravida Munnetra Kazhagam), Anwar Basha who is the former chairman of the Karnataka State Board of AUQAF represented by advocate Tariq Ahmed, and Congress MPs Imran Pratapgarhi and Mohammad Jawed. They all have challenged the new law.
During the hearing, the Supreme Court appointed three senior advocates as nodal counsel for the case and asked them to mutually decide who would argue in court.
The bench allowed all the petitioners to file their rejoinders (responses) to the Centre’s affidavit within five days after they receive the government’s reply.
The Court also clarified,
“We clarify that the next hearing (May 5) will be for the preliminary objections and for an interim order.”
ALSO READ: Decoding ‘Waqf by User’: Why the Supreme Court Raised Concerns Over Its Deletion
On April 17, the Centre had assured the Court that it would not take any major actions regarding waqf properties until the hearing on May 5. Specifically, it said that it would not denotify any waqf properties, including “waqf by user,” and would not make any new appointments to the Central Waqf Council and various state boards till that date.
ALSO READ: Waqf Amendment Act | “Undoing ‘Waqf by User’ Will Create Problems”: Supreme Court
Solicitor General Tushar Mehta, appearing for the Union Government, informed the Supreme Court that the Waqf (Amendment) Act, 2025 was passed in Parliament after “due deliberations,” and requested that the law should not be stayed without giving the government a chance to present its side.
Later, the Union Ministry of Minority Affairs submitted a massive preliminary affidavit of 1,332 pages to defend the amended law. The government strongly opposed any “blanket stay” on a law that has been passed by Parliament and holds the “presumption of constitutionality.”
In its affidavit, the ministry urged the Supreme Court to reject all petitions challenging the law. It stated that a “mischievous false narrative” was being spread about certain provisions of the amended Waqf Act.
Recently, the Centre officially notified the Waqf (Amendment) Act, 2025 after President Droupadi Murmu gave her assent on April 5. The Act had already been passed by both houses of Parliament after heated debates.
In the Rajya Sabha, 128 members voted in favour of the bill while 95 opposed it. In the Lok Sabha, the bill was passed with 288 votes supporting it and 232 voting against it.
PREVIOUSLY IN SUPREME COURT
To prevent overcrowding in the courtroom and ensure clarity during proceedings, the Supreme Court on April 17 instructed that only five petitions regarding the Waqf (Amendment) Act will be heard.
The Bench, comprising Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, specified that approximately 65 other petitions will instead be treated as intervention or impleadment applications associated with the five selected petitions.
Also Read: Waqf Amendment Act | “Undoing ‘Waqf by User’ Will Create Problems”: Supreme Court
The five petitioners, chosen by themselves following the Court’s directive today, are:
- Arshad Madani v. Union of India – Madani, an Islamic scholar, serves as the principal of Darul Uloom Deoband.
- Muhammad Jameel Merchant v. Union of India – Merchant is recognized as a social activist.
- Mohammed Fazlurrahim & Anr. v. Union of India & Ors. – Fazlurrahim holds the position of General Secretary of the All India Muslim Personal Law Board.
- Sheikh Noorul Hassan v. The Union of India & Ors. – Hassan is a Member of the Legislative Assembly representing the Manipur National People’s Party.
- Asaduddin Owaisi v. Union of India – Owaisi is the President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) and a Member of Parliament for Hyderabad.
Advocate Ejaz Maqbool has been designated as the nodal counsel for the petitioners, while Advocate Kanu Agrawal serves as the nodal counsel for the respondents, representing the government. Advocate Vishnu Shankar Jain has been appointed as the nodal counsel for the applicants.
This case will not be identified by any of the petitioners’ names but will be referred to as In Re: The Waqf (Amendment) Act, 2025.
The hearings for interim orders are scheduled for May 5.
CASE TITLE:
In re: Waqf (Amendment) Act, 2025
W.P.(C) No. 269/2025
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