Waqf Act 2025: The Supreme Court on Thursday (April 17, 2025) rejected the petitions filed against the Waqf Amendment Act. The court has directed to continue the old situation for a week. However, the law has not been banned. The Center had sought a week’s time to file a reply from the court, on which the court gave permission. At the same time, the petitioners have been asked to file their reply after the Center. Now the next hearing will be held on 5 May.
A bench of Chief Justice Sanjeev Khanna, Justice KV Vishwanathan and Justice Sanjay Kumar heard. On behalf of the petitioners, senior advocates like Kapil Sibal, Abhishek Manu Singhvi and Rajiv Dhawan were appeared, while the Solicitor General Tushar Mehta Paksha on behalf of the Center.
Strict prohibition on law, said SG Mehta
At the beginning of the hearing, SG Tushar Mehta told the court that he is going to put a permanent or interim ban on the Act passed by Parliament, which is very rare. Describing it as very rigid, he said that it would not be right to stop by looking at some sections of the Act. He said that the government has enacted a law by talking to millions of people, in which it was found that there is a claim of Waqf on the village of the village. It is also important to think about the interests of common people, so it will be a strict thing to stop.
No appointment in Waqf Board for a week, CJI said
SG Mehta asked the court a week’s time to file a reply. The court, while approving them, directed that there will be no new appointment in the Waqf Board or Council in a week. Apart from this, the court also said that the property declared and registered property should be allowed to remain as before, it is not to be denotified. This will be the situation for a week. The court said that state governments will also have to follow it.
SG Mehta assured that the court’s directive will be followed and if the state makes any appointment in the Waqf Board, it will not be recognized. The court said that he is taking this matter of SG Mehta on record. Objection has also been raised about the inclusion of non-Muslims in the Waqf Board.
File reply in 5 days, the court asked the petitioners
The court has also given strict instructions to the petitioners that they will have to respond in five days and were asked to limit the number of petitions. The court said that as far as writ petitions are concerned, 5 will be heard only, it is not possible to hear 100-120 petitions.
Apart from 5 petitions, the rest will be considered disposed of, said CJI
The court said that the Center will respond in seven days, after that the petitioners will have to file an answer in five days. CJI Sanjeev Khanna said, ‘I want only 5 petitions from the petitioner side. It is not possible to listen to everyone. You take a decision in 1 day and tell. He said that apart from 5, the remaining petitions will be considered as an application or will be considered disposed of. Nobody’s name will be written in the further listing of petitions.
Petitions challenging the laws of 1995 and 2013 will be heard separately
The Supreme Court said that the petitioner should also decide a nodal lawyer, the other party should also decide the nodal lawyer. Both sides hand over the list of lawyers who examine. The CJI said that petitions challenging the laws of 1995 and 2013 will be put separately in the Cause list. Here the Supreme Court was talking about the petitions which have filed against the 1995 and 2013 Act. The court has asked the Central, State Government and Waqf Board to respond in a week. Now the Supreme Court will hear this case on May 5.
(With input from Nipun Sehgal)
https://www.youtube.com/watch?v=SJVHS68VN4
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