SC Defers Interim Order on New Waqf Law; Seeks Centre’s Stand on Key Issues

By  News On Air   Apr 16, 2025

The Supreme Court today held back its interim order on the new Waqf law after the Centre asked for more time to prepare its argument on the three points raised by the apex court. The Apex Court will now hear the matter tomorrow. A Bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan asked Solicitor General Tushar Mehta, appearing for the Centre, on how “waqf by user” can be disallowed, as many will not have the requisite documents to get such waqfs registered.

The three-judge bench considered passing an interim order on the petitions challenging the new Waqf Act. The bench raised three key points. It said, the properties declared by Courts as Waqf should not be de-notified, whether they are by “waqf-by-user” or “waqf by deed”, while the Court is hearing the challenge to the Waqf Amendment Act 2025.

The Court further said it will order that provision of the Amendment Act, as per which a Waqf property will not be treated as a Waqf while the Collector is conducting an inquiry whether the property is Government land, will not be given effect to. The Court also said it will order that all Members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members.

However, the interim order that the court suggested did not pass today. The Court finally decided that arguments will continue tomorrow. CJI Khanna at the end of the hearing, expressed concern over the violence that has broken out in West Bengal against the amendments to the Waqf Act.