The Supreme Court docket on Thursday reserved its interim order on three key points, together with whether or not properties declared as “waqf by courts, waqf-by-user, or waqf by deed” might be denotified, after listening to a batch of petitions difficult the constitutional validity of the Waqf (Modification) Act, 2025.
A bench led by Chief Justice of India BR Gavai and Justice AG Masih concluded hearings after three days of marathon arguments from senior advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi on behalf of these against the amended waqf regulation and Solicitor Normal Tushar Mehta, representing the Centre.
The Centre firmly defended the Act, arguing that waqf is inherently a “secular idea” and subsequently shouldn’t be stayed, citing the “presumption of constitutionality” that helps the laws.
Senior advocate Kapil Sibal, representing the petitioners, criticized the Waqf (Modification) Act, 2025 as a “full departure from historic authorized and constitutional ideas.” He argued that the regulation facilitates the “seize of waqf properties by means of a non-judicial course of.” “It is a case concerning the systematic seize of waqf properties. The federal government can’t dictate what points might be raised,” Sibal stated.
Petitioners sought interim reduction on three key points:
On the present stage, the petitioners requested interim orders on three important considerations: Petitioners challenged the facility granted below the Act to denotify properties which have been declared waqf by courts, by means of utilization (waqf-by-user), or by deed.
Additionally they opposed the present construction of state waqf boards and the Central Waqf Council, insisting that solely Muslims—apart from ex-officio members—ought to handle these our bodies.
The third situation pertains to a provision that permits a property to not be handled as waqf if a district collector conducts an inquiry to establish whether or not the property is authorities land.
Centre opposes keep, defends constitutionality of Act
In response, the Union Ministry of Minority Affairs submitted an in depth preliminary affidavit on April 25, stretching over 1,332 pages. The Centre defended the amended regulation and opposed any “blanket keep” by the Supreme Court docket, citing the “presumption of constitutionality” that applies to legal guidelines enacted by Parliament.
The Waqf (Modification) Act, 2025 was formally notified final month following the President’s assent on April 5. The invoice was handed within the Lok Sabha with 288 votes in favour and 232 towards. Within the Rajya Sabha, it obtained 128 votes in help and 95 opposing it.
(With PTI inputs)