New Delhi, May 5 (UNI) The Supreme Court on Monday deferred the hearing on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, transferring the matter to a bench led by Justice B.R. Gavai for further proceedings on May 15, 2025.
A bench comprising Chief Justice of India Sanjiv Khanna, and Justices Sanjay Kumar and K.V. Viswanathan took stock of the Centre’s earlier assurance that it would not denotify any waqf properties, including those declared as waqf by user or proceed with appointments to the Central Waqf Council and Waqf Boards.
CJI Khanna observed, “We have gone through the counter and rejoinder. Some issues have been raised, especially relating to the registration of waqf properties and figures, which the petitioners dispute. These matters must be dealt with in detail.”
Emphasising that the case deserves a full and reasoned hearing, the CJI noted that he would not be passing any order at this stage, stating, “I do not want to reserve any judgment or even an interim order. This matter must be heard properly. It will not be before me.”
In a significant procedural step, the bench directed that the matter be listed before the bench of Justice B.R. Gavai next Thursday, May 15, for consideration of both interim relief and final adjudication.
The proceedings saw a cordial exchange between the bench and the lawyers. Solicitor General Tushar Mehta, appearing for the Centre, remarked, “We would have loved to pursue your Lordship as every contention has an answer… but we cannot embarrass you because there is no time.”
Senior Advocate Kapil Sibal, representing the petitioners, quipped, “Of course, he has answers for everything,” prompting a brief moment of laughter in the courtroom.
SG Mehta added, “It is painful to remind your Lordship about the retirement,” referring to CJI Khanna's upcoming demission on May 13.
The Chief Justice replied with good humour, “No, no I am looking forward to it.”
The Waqf (Amendment) Act has drawn legal challenges over alleged violations of property rights, arbitrary registration of properties as waqf without due process, and concerns around transparency in the functioning of waqf institutions.
The petitioners have particularly raised objections to the concept of “waqf by user”, arguing that it allows unverified historical usage claims to override existing property rights.
On April 17, the Centre had assured the Court that no steps would be taken to denotify waqf properties or make appointments to related bodies until May 5, an assurance noted in the court’s earlier order.
With the matter now posted before Justice Gavai's bench, the case is set to enter a critical phase where both interim protection and the core constitutional questions will be argued in depth.
UNI SNG CS