Big Blow to Centre: SC Halts All Waqf Appointments Nationwide Amid Heated Legal Battle
The Supreme Court on Thursday directed the Central Government not to make any new appointments to the Central Waqf Council or State Waqf Boards until further notice. The interim direction came during a hearing on a batch of petitions challenging the Waqf Amendment Act, recently passed by Parliament.
New Delhi: The Supreme Court on Thursday directed the Central Government not to make any new appointments to the Central Waqf Council or State Waqf Boards until further notice. The interim direction came during a hearing on a batch of petitions challenging the Waqf Amendment Act, recently passed by Parliament.
Table of Contents
The Centre, represented by Solicitor General Tushar Mehta, requested a week’s time to file its preliminary reply and submit supporting documents. “Allow a week to me to place preliminary reply with some materials,” Mehta told the Bench, led by Chief Justice of India D.Y. Chandrachud, as per Bar and Bench.
CJI Bench Issues Interim Observation, Highlights Potential Impact
The Bench acknowledged the concerns raised in the petitions and stated that while it was not yet staying any provisions of the Act, it did not want any changes in the status quo. “There should not be any appointment in Central Waqf Council and boards in the meantime,” the CJI observed.
The CJI noted that some provisions under the amended Act have long-term implications, extending up to five years. “We are aware of this. We are not staying them now, but we want things to remain as they are for now,” he said.
SG Mehta Flags Risk of Misinterpretation, Seeks Time for Detailed Argument
Solicitor General Mehta emphasized the complexity of the amendments, stating that the petitions were isolating specific clauses without considering the full context. He explained that many rural villages and personal properties had been classified as Waqf land, affecting thousands of individuals. “There are several amendments, setting up of committees and lakhs of requests in this regard… giving a stay, either directly or indirectly, is a tough decision,” he told the court.
Mehta also urged the court not to entertain premature interpretations and assured the Bench that no harm would occur if a week’s time was granted for submission. “Please ask them to listen to our arguments… there will be no change in a week’s time,” he added.
No Appointments Until Next Hearing
In response, the Chief Justice made it clear that no appointments should be made to the Central Waqf Council or state boards until the next hearing. Mehta, for his part, affirmed that if any appointments were made by states in the meantime, they should not be treated as legal.
The matter is expected to resume for further hearings after the Centre files its preliminary response.
