Supreme Court Reserves Interim Orders On Stay Of Waqf Amendment Act

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Last Updated:May 22, 2025, 17:44 IST

The Centre powerfully defended the Act, saying waqf by its precise quality is simply a “secular concept” and can’t beryllium stayed fixed the “presumption of constitutionality” successful its favour.

A seat of the Supreme Court headed by Chief Justice BR Gavai is proceeding the pleas challenging the caller Waqf act.   (PTI file)

The Supreme Court connected Thursday reserved its interim orders connected 3 issues, including the powerfulness to denotify properties declared arsenic “waqf by courts, waqf-by-user oregon waqf by deed" aft proceeding a clutch of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

Before reserving the interim orders, a seat comprising Chief Justice B R Gavai and Justice Augustine George Masih heard elder advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi connected behalf of those opposed to the amended waqf instrumentality and Solicitor General Tushar Mehta, representing the Centre, for astir 3 consecutive days.

The Centre powerfully defended the Act, saying waqf by its precise quality is simply a “secular concept" and can’t beryllium stayed fixed the “presumption of constitutionality" successful its favour.

Sibal, starring the petitioners, described the instrumentality arsenic a "complete departure from humanities ineligible and law principles" and a means to "capture waqf done a non-judicial process".

"This is simply a lawsuit astir the systematic seizure of waqf properties. The authorities cannot dictate what issues tin beryllium raised," Sibal said.

The petitioners astatine the contiguous signifier sought interim orders connected 3 cardinal issues.

One of the issues related to the powerfulness to denotify properties declared arsenic waqf by courts, waqf-by-user oregon waqf by deed.

The 2nd contented was implicit the creation of authorities waqf boards and the Central Waqf Council, wherever they contend lone Muslims should run but ex-officio members whereas the past 1 is implicit the proviso stipulating a waqf spot won’t beryllium treated arsenic a waqf erstwhile the collector conducts an enquiry to ascertain if the spot is authorities land.

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed immoderate "blanket stay" by the tribunal connected a "law having presumption of constitutionality passed by Parliament".

The Centre notified the Waqf (Amendment) Act, 2025 past period aft it got President Droupadi Murmu’s assent connected April 5.

The measure was cleared by Lok Sabha with the enactment of 288 members portion 232 MPs were against it. The Rajya Sabha saw 128 members voting successful its favour and 95 against it.

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