The Supreme Court has given the central government a seven-day period to respond regarding the Waqf Amendment Act 2025. However, no interim stay has been imposed on the act. During these seven days, no new appointments will be made in the Waqf Board or Council. The Center has assured that no non-Muslim appointments will be made in the Waqf Board or Council until the matter is heard.
Prior to this, the Center assured the Supreme Court that no waqf properties categorized as 'Waqf by User' or 'Waqf by Deed' will be denotified until the next hearing, implying they will not be removed from the Waqf.
Chief Justice Sanjiv Khanna, Justices Sanjay Kumar, and K.V. Viswanathan recorded the assurance given by Solicitor General Tushar Mehta on behalf of the Center that there will be no appointments in the central Waqf Council and Boards in the interim.
The Supreme Court mentioned that petitioners could file their replies within five days on the Center's response, after which the case will be listed for an interim order. The next hearing is set for May 5.
Solicitor General Tushar Mehta stated that the government will not denotify properties under 'Waqf by Deed' or 'Waqf by User' until the next hearing.
Also Read:
No new appointments or property denotification in the Waqf Board... Center assures SC, next hearing on May 5
CJI mentioned that properties registered under the previous 1995 Act will not be denotified until the next hearing on May 5.
The Center has assured the Supreme Court that it will not denotify properties under 'Waqf by Deed' and 'Waqf by User' until the next hearing. Properties acquired through Waqf Board will retain their status and will be protected until the next date, according to the order.
Chief Justice Sanjiv Khanna explained that lawyers have decided to identify and focus on five key cases, which will be treated as lead cases for the hearing. The Supreme Court noted that it is not feasible to address numerous cases, so only these primary objections will be heard.
On Thursday, the Supreme Court accepted the Center's request for additional time to file a response to the case concerning the Waqf law.
Solicitor General Tushar Mehta, representing the Center, highlighted that he will file a preliminary response within seven days, with all relevant documents. The court expressed satisfaction with Solicitor General's assurance of no appointments in the Waqf Board or Council until the next hearing. The court also ruled that existing Waqf properties, enforced through 'Waqf by User,' 'Waqf by Registration,' or 'Waqf by Notification,' will remain unchanged.
Also Read: Jagadambika Pal explains why entry of non-Muslims in Waqf Board isn't incorrect, Vishnu Jain says, if ban imposed then...
The Solicitor General highlighted that the Waqf Act is a well-thought-out piece of legislation and that the Center has received numerous applications to classify land as Waqf. He singled out a blanket stay on the whole act as a severe measure and requested a week to respond.
The Supreme Court noted that it had previously perceived some positive aspects of the law and reiterated that a complete stay on the law cannot be issued at this stage. The court underlined its intention not to alter the status quo while the matter is under judicial review.
Both Hindu and Muslim sides claim this as their victory.
Reacting to the decision, AAP MLA Amanatullah Khan expressed gratitude to the Supreme Court, judges, and advocates for rising above religion and helping safeguard the nation. He noted, "We are satisfied with this decision as the central government assured the court that properties under Waqf-by-User will remain with the Waqf, and there will be no interference from Waqf Board members. The central government will respond within seven days. Surely, the stipulation that a DM could supersede the court’s provision will be removed. The Waqf Board will remain unchanged as it is...
Reacting to the Supreme Court's decision, Congress MP Imran Pratapgarhi expressed his gratitude towards the Supreme Court for the ruling. He acknowledged that "the court raised almost all the issues we have addressed in Parliament. Today's decision reflects that this law is created against the constitution. It is a triumph of the constitution rather than any side. In coming days, the court will provide more relief and will halt the government's attempt to seize land."
In this matter, Hindu side's lawyer, Barun Kumar Sinha, representing Hindu Sena Chief Vishnu Gupta, stated that India's Solicitor General clearly announced in the Supreme Court today that there will be no appointments in the Waqf Council or Board under the new amendment act. The Solicitor General also conveyed that the government will not denotify Waqf-by-User properties that are registered and gazetted until the next hearing.
He mentioned that action could be taken on properties that are Waqf-by-User but not registered or gazetted.
Barun Kumar Sinha added that this indicates the remaining provisions of the Waqf law 2025 will remain effective. He pointed out that the government has worked to strike a balance between both parties, ensuring no one feels prejudiced. The government has set a clear stance of non-opposition against anyone.
Also Read: 'Mamata Banerjee is promoting violence...', Kiren Rijiju reacts to Bengal CM's statement on Waqf Law
He also stated that aside from these two provisions, the Supreme Court has endorsed the Waqf law 2025.
Representing the Hindu side, lawyer Reena emphasized that from a legal standpoint, the Supreme Court has approved this law. She explained that the court imposed restrictions only on properties that are notified, gazetted, or registered. It's essential to understand that the Supreme Court dismissed oral waqf claims within Waqf-by-User. This, in a way, represents a victory for the Hindu side.
