Supreme Court Directs Centre to File Response in Waqf Act Case Within a Week

The Supreme Court on Thursday directed the Union government to submit its response within a week regarding the challenge to the Waqf (Amendment) Act, 2025. The directive came after Solicitor General Tushar Mehta assured the court that no waqf properties would be denotified and no appointments would be made to the Central Waqf Council or state waqf boards until the next hearing on May 5.

A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan recorded the government’s assurance, particularly concerning properties classified as “waqf by deed” and “waqf by user.” Mehta informed the court that these would remain unaffected until the matter is further reviewed.

CJI Clarifies: No Denotification of Registered Waqf Properties

The CJI emphasized that any waqf property registered under the Waqf Act of 1995 cannot be denotified until further orders. This statement came in response to concerns raised over the legal consequences of altering the status of such properties under the new law.

“If your lordships will say something about ‘waqf by user’, what will be the fallout?” Mehta asked, underlining the potential implications of the court’s remarks on this classification.

Court to Hear Limited Number of Petitions

Noting the complexity of the issue and the number of petitions filed, the bench said it would only hear five selected petitions and asked the petitioners’ lawyers to coordinate amongst themselves to decide who will present the arguments. Petitioners have been allowed to file rejoinders within five days of receiving the Centre’s response.

The case pertains to multiple challenges raised against the Waqf (Amendment) Act, 2025, which has stirred controversy over alleged arbitrary classification and control of private and community properties as waqf.

The next hearing is scheduled for May 5, where further developments are expected in this significant legal battle.