Waqf Act on trial: SC slams violence during protests, calls it 'disturbing'
The apex court also asked why Waqf Act challenges were filed directly before it, not before the High Courts first
The apex court also expressed deep concern over the state of district courts, where even judges, particularly in rural areas, still lack access to proper washroom facilities.
Photo: PTI/ Supreme Court of India
Guwahati, April 16: The Supreme Court, on Wednesday, expressed its concern over violence taking place amid protests against the Waqf (Amendment) Act, 2025.
"One thing that is very disturbing is the violence which is taking place. Once the matter is before court, it should not happen," a bench headed by CJI Sanjiv Khanna remarked.
The bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, fixed the pleas challenging the constitutional validity of the amendments introduced in the Waqf Act, 1995, for further hearing on Thursday at 2 p.m., including the arguments of the Union government on passing of an interim order.
During the course of the hearing, the apex court indicated that it would pass an interim order providing that the properties already declared as waqf by court order or otherwise will not be denotified by virtue of the recent amendment.
It proposed that provision of the Waqf (Amendment) Act, 2025, providing that a waqf property would not be treated as a waqf while the Collector is conducting an inquiry on the aspect if the property is a government land, should not be given effect to.
Further, the CJI-led Bench said that it intends to pass an interim order providing that all members of the waqf boards and Central Waqf Council, except the ex-officio members, should be Muslims.
Solicitor General Tushar Mehta opposed the passing of an interim order and urged the CJI Khanna-led Bench to give the Union government a hearing before any order is passed. He added that a reply would be filed within two weeks if a notice is issued to the Union government, and the matter may be taken for hearing on a day-to-day basis.
The apex court also sought clarification from the petitioners challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on why the matter should be directly heard by the top court, instead of being referred to the High Court.
The petitions before the apex court challenge the constitutional validity of the recent amendments to the Waqf Act, 1995.
In response to these petitions, the Centre has filed a caveat in the Supreme Court, indicating its intent to be heard if any stay order is likely to be issued.
Several BJP-ruled states, including Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, and Uttarakhand, have approached the Supreme Court to defend the Waqf (Amendment) Act, 2025.
Congress MP Mohammad Jawed, who filed a petition, argued that the amendments violate several constitutional provisions, including Articles 14 (equality), 25 (freedom of religion), 26 (freedom of religious denominations), 29 (minority rights), and 300A (right to property).
Additionally, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has filed a plea, claiming that the amendments violate multiple constitutional rights, including Articles 14, 15, 21, 25, 26, 29, 30, and 300A, and are "manifestly arbitrary."
Several other petitioners, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), the Indian Union Muslim League, Taiyyab Khan Salmani, and Anjum Kadari, have also challenged the amendments.
The Waqf system, rooted in Islamic law, involves endowments made by Muslims for religious or charitable purposes, including mosques, schools, hospitals, and other public institutions.
With inputs from agencies.