Today, On 16th May, The Supreme Court refused to entertain fresh petitions challenging the Waqf (Amendment) Act, 2025. “Everybody wants name in newspapers,” the bench remarked, dismissing the pleas and questioning the motive behind repeated filings.
New Delhi: The Supreme Court on Friday declined to consider a couple of new petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, stating that “everybody wants name in newspapers.”
A bench consisting of Chief Justice B R Gavai and Justice Augustine George Masih confirmed that it would address the pending matter set for May 20.
The court will then look into the issue of interim relief in the case.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
As one of the petitions was brought up for hearing on Friday, Solicitor General Tushar Mehta, representing the Centre, raised an objection, stating that “there cannot be an endless filing of petitions challenging the Act.”
The counsel for the petitioner stated that he filed the petition on April 8 and addressed the defects noted by the apex court registry on April 15, yet his plea was not scheduled for a hearing.
The CJI remarked,
“Everybody wants his name to be in the newspapers,”
When the lawyer requested that his plea be combined with the pending petitions, the bench responded, “We will decide that matter.”
The bench subsequently dismissed it.
When another similar plea was brought up, the bench again stated, “Dismissed.”
When the petitioner’s counsel asked to intervene in the ongoing cases, the CJI replied,
“We already have too many intervenors.”
On April 17, the apex court decided to hear only five of the total pleas submitted. The challenges to the Act were presented before a bench comprising the CJI and Justice Masih on May 15.
The bench announced that it would hear arguments on May 20 regarding interim directions on three issues: the authority to denotify properties designated as waqf by courts, waqf-by-user, or waqf by deed.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
The second issue raised by the petitioners concerns the composition of state waqf boards and the Central Waqf Council, arguing that only Muslims should be involved, except for ex-officio members.
The third issue pertains to a provision stating that a waqf property will not be regarded as waqf if the collector conducts an inquiry to determine whether the property is government land.
On April 17, the Centre assured the top court that it would neither denotify waqf properties, including those classified as “waqf by user,” nor make appointments to the Central Waqf Council and boards until May 5.
On May 15, Solicitor General Mehta informed the apex court that there was an ongoing assurance from the Centre that no waqf properties, including those established by waqf by user, would be denotified.
The Centre opposed the apex court’s suggestion to issue an interim order against the denotification of waqf properties, including “waqf by user,” as well as a stay on a provision that permits the inclusion of non-Muslims in the Central Waqf Council and boards.
On April 25, the Union Ministry of Minority Affairs submitted a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposing any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament.”
Former Chief Justice of India Sanjiv Khanna had previously recused himself from hearing the petitions and referred them to a bench led by the current CJI, BR Gavai.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
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