The Waqf law challenge had come up before the Bench of Chief Justice Gavai for the first time, the very next day after he assumed office as top judge. File
| Photo Credit: Sushil Kumar Verma
A Supreme Court Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih on Thursday (May 15, 2025) decided to devote an entire day on May 20 to hear arguments for and against an interim order to stay the provisions of the Waqf (Amendment) Act, 2025.
Also read: Supreme Court hearing on waqf case highlights – May 15, 2025
Chief Justice Gavai asked the lawyers to come prepared, submit a consolidated note of their submissions and points of law beforehand to ensure that the case is not adjourned.
“We will not take up any other matters on Tuesday (May 20, 2025),” the Chief Justice addressed the lawyers.
The Waqf law challenge had come up before the Bench of Chief Justice Gavai for the first time, the very next day after he assumed office as top judge.
Both Solicitor General Tushar Mehta, appearing for the government, and senior advocate Kapil Sibal, on the petitioners’ side, suggested at the beginning of the hearing to schedule it for next week, giving the Bench ample time to study the case papers.
The case had last come up before a three-judge Special Bench led by Chief Justice Gavai’s predecessor, Justice Sanjiv Khanna, on May 5.
Justice Khanna had at the time expressed reluctance to continue hearing the case, saying he had very little time till his retirement on May 13, 2025.
The hearing on May 5 was originally scheduled to hear arguments on an interim order to stay the implementation of the 2025 amendments to the Waqf law, which, according to the petitioners, interfered with the right of Muslims to manage their own religious affairs and properties.
Prior to May 5, the Bench of Justices Khanna, Sanjay Kumar and K.V. Viswanathan had nudged the government on April 17 into coming out with a statement in open court that they would not change the character or alter the status of waqf properties across the country on the basis of these amendments. The Bench had recorded the statement in its April 17 order.
The interregnum between the April 17 hearing and May 5 had seen the government file an affidavit in court, highlighting the “phenomenal increase” in Waqf assets in the decade between 2013 and 2024 while justifying the 2025 amendments as a necessary measure to counter rampant encroachments into government and private properties made in the name of Waqfs.
Justice Khanna had opened the May 5 hearing saying the issues raised were serious. He had however said with the little time left in his tenure, he did not want to reserve orders on interim relief.
In a clear message, that his successor would take the call on steering the future course of the case. Justice Khanna had posted the case for hearing next on May 15.
Over a 100 petitions were initially filed in the case, with many following. This had led the Supreme Court to convert the case into a suo motu one in order to avoid duplicate petitions and repetitive arguments in court.
The petitions have argued that the 2025 amendments infringed upon and prejudiced the rights of Muslims across the country. The amendments fundamentally altered the governance, creation, and protection of Waqf properties — Islamic endowments dedicated perpetually to Allah for religious and charitable purposes. The enhanced role of state in the waqf administration impinged on the right of the Muslim community to manage its institutions
The petitions have highlighted that amendments omitted the concept of Waqf-by-User affirmed by the Supreme Court itself as a property which would attain the status of waqf through long-standing religious use. Further, an amendment to the composition of the Waqf Board and the Central Waqf Council has mandated inclusion of non-Muslim members in waqf administrative bodies.
Published – May 15, 2025 01:15 pm IST