SC Lists Pleas Challenging Waqf Law Provisions To Pass Interim Orders On May 20
The top court asked parties to file written notes by May 19 before arguing on the validity of the Waqf (Amendment) Act, 2025.
Published : May 15, 2025 at 1:33 PM IST
|Updated : May 15, 2025 at 5:17 PM IST
New Delhi: The Supreme Court on Thursday said on May 20, it will hear arguments on the issue of considering interim relief on pleas challenging the validity of the Waqf (Amendment) Act, 2025. The apex court said it will not consider any plea for putting on hold provisions of the earlier 1995 Waqf law on the next date of hearing.
A bench led by Chief Justice of India B R Gavai and comprising Justice Augustine George Masih said it will hear the arguments, the entire day, for and against the interim order putting on hold the provisions of the Act.
The bench asked senior advocate Kapil Sibal, representing the petitioners challenging the validity of the law, and Solicitor General Tushar Mehta, representing the Centre, to file their written notes by May 19. Both senior counsels suggested that the hearing can be fixed for next week, which would provide sufficient time for the judges to go through the case papers.
During the hearing, advocate Vishnu Shankar Jain, representing a party, submitted before the bench that earlier he had challenged provisions of the Waqf Act 1995.
Jain said, in the fresh plea, his clients have challenged various provisions of the Waqf Amendment Act 2025 and his clients are also aggrieved by certain provisions of the Waqf Act 1995, as amended in 2025, and requested the bench to give him 30 minutes to make submissions.
The bench asked Jain, what is your grievance? Jain replied that the Waqf tribunal, which is unconstitutional, is still there and there are various other sections which are draconian and they still exist on the statute.
Justice Gavai asked. “They existed since when?” Jain said since 1995 and also in 2025. Justice Gavai said, "if they have existed since 1995, and not been challenged, and if they were challenged, then when?”
Jain said the 1995 Act was challenged earlier and the apex court told them to go to the high court and added, we filed 140 petitions which are pending in different high courts and now we have filed the present writ petition, which is a fresh matter". Justice Gavai said how can the court permit to raise the challenge of the 1995 Act in 2025. The bench said it will not consider any plea for putting on hold on provisions of the earlier 1995 Waqf law, when the court takes up the matter on May 20.
"We will not consider any request for stay of any provision of the 1995 Act; we are making it clear. Just because somebody is trying to make a challenge to the amendment of 2025 and somebody just wants to jump and challenge the 1995 Act, that will not be permitted", Justice Gavai said.
Mehta said Jain wants to say that he has been waiting for that stay since long but this court directed his clients to go to the high court and never considered the prayer regarding 1995 Act. After hearing submissions, the CJI asked the lawyers to come prepared, and submit a consolidated note of their submissions to ensure that the case is not adjourned on May 20.
Former Chief Justice of India Sanjiv Khanna, whose bench was hearing the matter, demitted office on May 13, and the matter was transferred to the bench led by CJI Gavai.
On May 5, the case had come up before a bench led by CJI Khanna, who expressed reluctance to continue hearing the matter as he was demitting office on May 13. He fixed the matter for hearing on May 15.
On April 17, the apex court refused to put on hold the recently made changes to the Waqf law, after the central government assured it that no recruitment would be made to Waqf boards and councils, and also the Waqf properties declared or registered as Waqf by users would not be de-notified till the next date of hearing.
On April 25, the Union Ministry of Minority Affairs filed a preliminary affidavit defending the amended Waqf Act of 2025. The Centre had opposed any blanket stay by the court on a law having a presumption of constitutionality passed by Parliament.
The Supreme Court had said only five petitions will be treated as lead petition in the matter The apex court said the other writ petitions will be treated as intervention applications. Over 100 petitions have been filed against the Act so far.
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