In a recent hearing, the Supreme Court of India declined to entertain new petitions challenging the Waqf (Amendment) Act 2025, advising petitioners to consolidate their issues into the main case scheduled for hearing next week. Chief Justice Sanjiv Khanna, leading a bench that includes Justice Sanjay Kumar, emphasized the need to avoid voluminous case records by directing petitioners to file any additional grounds of challenge as applications within the already identified lead cases.
The bench, hearing 24 new writ petitions, earlier instructed the integration of all cases into five primary ones that cover extensive legal questions related to the Act. “We aim to streamline the process and avoid an overload of cases,” remarked Chief Justice Khanna. This directive aligns with previous court sessions where the petitioners were asked to nominate cases representing broad legal challenges.
Senior Advocate Kalyan Banerjee, representing Trinamool Congress MP Derek O’Brien, conveyed the Opposition’s concerns noted during the Joint Parliamentary Committee discussions. Following the court’s guidance, he agreed to withdraw his standalone petition and instead contribute to the consolidated case, scheduled for May 5.
The court’s prior sessions also recorded the Central Government’s assurances that no non-Muslims would be appointed to the Central Waqf Council or state Waqf Boards and that the status of waqf-by-user properties would remain unchanged. These properties, significant for being recognized through historical usage rather than formal documentation, face potential threats under the new law’s registration requirements—a point of contention among Muslim lawmakers, academics, religious leaders, and community organizations who argue that the law infringes on Muslims’ rights to dedicate properties as Waqf.
The five main petitions set for review include submissions from prominent figures such as Jamiat Ulama-i-Hind president Arshad Madani and AIMIM chief Asaduddin Owaisi. These petitions express concerns over the de-notification of long-standing religious and charitable endowments under the new law, potentially impacting numerous properties historically recognized as waqf.
