New Delhi: Advocates and father-son duo, Hari Shankar Jain and Vishnu Shankar Jain, on Tuesday moved the Supreme Court challenging various provisions of Waqf (Amendment) Act. The apex court agreed to consider listing a fresh plea challenging the constitutional validity of several provisions of the Waqf (Amendment) Act, 2025.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of the submissions of advocate Vishnu Shankar Jain that a fresh plea was filed and the same be listed for hearing. “All matters where mentioning slips are given, we give dates mostly within a week," the CJI said. The plea has made the Union of India, the Ministry of Minority Affairs, and the Central Waqf Council, as respondents in the matter.
The fresh plea filed by Hari Shankar Jain and Mani Munjal, represented by advocate Vishnu Jain, sought striking down of various provisions- Sections 3(r), 4, 5, 6(1), 7(1), 8, 28, 29, 33, 36, 41, 52, 83, 85, 89, 101 as ultra vires to Articles 14, 15, 21, 25, 27, and 300A of the Constitution.
The father-son duo was in the forefront of Ayodhya case and they are actively involved, leading the charge for the Hindu petitioners’ in Gyanwapi mosque-Kashi Vishwanath temple, Krishnajanambhoomi-Shahi Idgah (Mathura), and the Sambhal dispute. The plea moved in the apex court argued that it is relevant to mention that the Waqf boards by adopting illegal methods have captured a number of properties in the whole of India depriving lawful owners of their property.
The plea argued that the inclusion of gram panchayat land in the Waqf by Parliament is clearly discriminatory and hit by articles 14 and 15 of the Constitution. "Parliament transgressed its powers in including gram panchayat land as Waqf properties. The Hindus have equal rights over such land. The land of gram samaj is public land and the same cannot be property of one community or sect….," said the plea, which has been filed under Article 32 of the Constitution of India.
The plea has challenged the constitutional validity of the provisions of the Waqf Act, 1995 as amended by Waqf (Amendment) Act No.14 of 2025 and notified on April 8, 2025, as those provisions violate Articles 14, 15, 21, 25,26,27 and 300A-of the Constitution, due to which Muslims have been able to capture illegally the property of public utility, the government land, gram samaj lands and the lands of religious places of Hindus.
The plea claimed that Muslims "have created a big empire and are earning crores of rupees at the cost of general public and every member of the public is severely affected by the impugned provisions which are not only discriminatory but extend undue favours to the Muslim community creating disbalance and disharmony in the Indian society and putting the life, property and religious rights of Hindus at peril".
The plea sought a direction that the appropriate government to take every step to identify the personal or religious properties of members of Hindu community which have been illegally registered as Waqf properties while exercising powers u/s 3C (added in 2025) while determining the correctness of revenue record to find out the government property.
The plea sought a direction that members of Hindu community/ non-Islamic communities can approach civil court against any action taken under the Waqf Act and the provisions of section 83/85 of the Waqf Act are not applicable to them. The plea also sought a direction directing the Centre to take effective steps to recover all the Shamlat Deh, Shamlat Patti, and Jumla Mulkkan or any other property entered in the revenue record in the identical names which have been transferred/recorded in the name of Waqf Board.
The plea sought a direction to declare that Hindus/non-Muslims cannot be affected by any action, decision or order passed/taken in the proceeding under Section 4 & 5 of Waqf Act and they do not come within the ambit of the phrase 'any person aggrieved' occurring Sections 6(1) and 7(1).
The plea pointed out that as per the newly introduced provision in Section 3(r) of the Waqf Act, 2025, "the existing waqf by user properties registered on or before the commencement of the...Act...as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property".
The plea argued that this "wholly unreasonable, irrational" and illegal as Muslims cannot claim any property as waqf property by user which have not been registered in relevant waqf Act.
