The Supreme Court has allowed applicants in the Waqf (Amendment) Act, 2025 challenge, whose petitions were earlier converted into intervention applications, to file fresh writ petitions so that all grounds can be argued.
New Delhi: The Supreme Court on Tuesday permitted applicants whose writ petitions against the Waqf (Amendment) Act, 2025 had been converted into interlocutory applications to file fresh writ petitions within two weeks, relaxing an earlier arrangement under which only five petitions were treated as lead cases [In Re: The Waqf (Amendment) Act, 2025].
A Bench of Justice MM Sundresh and Justice Prasanna B. Varale passed the direction while hearing the batch, and fixed a timeline for completing pleadings by December 31, 2026, with the hearing to follow in the second week of January 2027.
The arguments
Under the Court’s April 17, 2025 order, the petitions filed by Arshad Madani, Muhammed Jameel Merchant, Mohammed Fazlurrahim, Sheikh Noorul Hassan and Asaduddin Owaisi were treated as lead cases, and about 135 other petitions were converted into interlocutory applications.
Counsel for some of the applicants, including Dr. Mohan Gopal, argued that the five lead matters did not cover all grounds of challenge and that they had been compelled by judicial order to appear as intervenors. “You can’t use numbers to crowd me out,” he submitted, seeking leave to file independent writ petitions.
Solicitor General Tushar Mehta referred to the April 2025 order, which had limited the lead petitions to avoid an unmanageable volume of cases, and urged that the arrangement should not be undone.
The order
Justice Sundresh observed that the applicants should not be treated merely as intervenors for the purpose of the hearing. The Bench then dictated:
“In conjunction with the earlier order passed, we permit the applicants who filed interim applications and were directed to be taken in that capacity to file writ petitions within 2 weeks from today. Copy to be served on nodal counsel, who is directed to compile and include judgments relied upon by the petitioners. Learned ASG to respond on the written submissions made. The pleadings shall be completed by December 31, 2026. It shall be inclusive of affidavits and rejoinders.”
The Bench clarified that the direction was limited to ensuring that the applicants are not confined to intervenor status at the final hearing. It also directed that documents relied on by the former applicants be furnished to the nodal counsel.
The challenge so far
The 2025 Act, which came into force in April 2025, is challenged mainly under Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A of the Constitution. The Union has defended the law. In September 2025, a Bench led by then Chief Justice BR Gavai declined to stay the Act as a whole but stayed certain provisions on a prima facie basis, including the requirement of five years’ practice of Islam to create a waqf pending rules and specific powers of the designated officer under Section 3C, and capped non-Muslim membership in the Central Waqf Council and State Waqf Boards.
Why the order matters
Lead-case orders are a common tool for managing large constitutional batches, but they can leave parties with distinct grounds unheard. The direction balances case management with the right of each petitioner to place its full case, while the strict pleading deadline keeps the January 2027 hearing on track. The Court has not yet ruled on the validity of the Act.
Case Title: In Re: The Waqf (Amendment) Act, 2025
Case No.: Writ Petition (Civil) No. 276 of 2025 and connected matters
Bench: Justice MM Sundresh and Justice Prasanna B. Varale, Supreme Court of India
Date of Order: November 3, 2026
Appearances: Solicitor General Tushar Mehta for the Union; Dr. Mohan Gopal for applicants