The Supreme Court on Monday refused to entertain a fresh petition challenging the constitutional validity of the Waqf (Amendment) Act, 2025, underscoring that it cannot entertain “hundreds” of pleas on the issue.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed the petitioner, Syed Alo Akbar, to file an intervention application in the already pending five cases concerning the Waqf (Amendment) Act, which are scheduled for hearing on May 5 for passing interim orders.
“You withdraw this. We passed an order on April 17 saying only five petitions will be taken up for hearing,” CJI Khanna remarked during the proceedings, adding, “It will be open for the petitioner to file an application in the pending petitions if so advised.”
On April 17, the Court had decided that only five of the approximately 72 petitions filed against the Act would be heard initially. The matter was accordingly titled “In Re: Waqf (Amendment) Act, 2025”.
Among those who have filed petitions against the law are AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), former Karnataka State Board of AUQAF chairman Anwar Basha (represented by advocate Tariq Ahmed), and Congress MPs Imran Pratapgarhi and Mohammad Jawed.
The bench appointed three advocates as nodal counsel to coordinate the arguments, instructing them to decide among themselves who would lead the submissions. It also permitted the petitioners to file their rejoinders to the Centre’s preliminary reply within five days of receiving the government’s response.
“We clarify that the next hearing (May 5) will be for the preliminary objections and for an interim order,” the bench said.
During the earlier hearing on April 17, the Centre, represented by Solicitor General Tushar Mehta, had assured the Court that no waqf properties, including those under “waqf by user,” would be denotified, and no appointments to the Central Waqf Council and boards would be made until May 5.
The assurance came as the Solicitor General urged the Court not to stay the operation of the newly amended law without affording the government an opportunity to present its case, stating that the legislation was enacted after “due deliberations” in Parliament.
Subsequently, the Union Ministry of Minority Affairs filed a voluminous 1,332-page preliminary affidavit defending the amendments and opposing any “blanket stay” on the Act, arguing that it was backed by a presumption of constitutionality, having been duly passed by Parliament.
The Ministry contended that the pleas challenging the law should be dismissed, alleging that a “mischievous false narrative” was being propagated regarding certain provisions of the amendment.
The Waqf (Amendment) Act, 2025 received the assent of President Droupadi Murmu on April 5, 2025, following its passage through Parliament amid heated debates. In the Rajya Sabha, the bill was passed with 128 members voting in favour and 95 against. In the Lok Sabha, it was cleared with 288 votes supporting and 232 opposing it.
The Supreme Court will next hear the consolidated petitions on May 5, focusing primarily on preliminary objections and requests for interim relief.
