The Supreme Court took up several petitions related to the Waqf on this day. During the hearing of two petitions demanding the annulment of certain sections of the Waqf Amendment Act, the Supreme Court noted existing orders. You may file an Interlocutory Application (IA), the Court remarked. The petition by Parul Kheda challenging provisions of the Waqf Act 1995 was consolidated with other petitions.
Responding to Advocate Ashwini Upadhyay's request, the Court stated that this new application would be heard as an Intervention Application within the pending Waqf law cases. This petition is now tagged with those filed by Parul Kheda and Harishankar Jain.
These petitions also challenge the Waqf Act 1995. The Supreme Court has not yet conducted hearings on these petitions. The Court indicated that hearings on these would happen separately from those challenging the Waqf Amendment Act.
What Arguments Did the Petitioners Present?
In the petitions filed by Parul Kheda and Harishankar Jain, it was argued that the challenges to the 1995 Waqf Act had been diverted by the Court to the High Court. However, hearings on petitions challenging the 2025 Waqf Act are ongoing here. Hence, they argued for the Supreme Court to either hear their petitions or send these to the High Court as well.
On Tuesday, petitioner’s lawyer Ashwini Upadhyay argued that their case was distinct because the court had preemptively separated cases challenging the 1995 amendment. The Court contemplated whether it should dismiss the challenge to the 1995 Act on the grounds of delay. Why contest the 1995 Act in 2025, they inquired?
The petitioners maintained that this was an order, dictating the separation of the matter. The Court expressed that perhaps they should retrieve that petition to dismiss it on delay grounds as well.
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The Court requested Upadhyay to bring in Additional Solicitor General (ASG) to assist, as an order can't be passed without their presence. A petitioner in the main case sought permission to withdraw a prior petition to file an intervention application, which the Court granted.
The Supreme Court questions the petition challenging various provisions of the Waqf Act 1995. The court says it has reserved order on the Waqf Amendment Act 2025 and now you are contesting the 1995 law.
