Bench-led by next CJI to hear pleas challenging Waqf Act: SC

The Supreme Court on Monday said the pleas challenging the Waqf (Amendment) Act's constitutional validity will be taken up by a bench headed by Chief Justice of India-designate Justice B R Gavai on May 15. As soon as a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan assembled for the hearing, the CJI said, “There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.” CJI Khanna demits office on May 13 and will be succeeded by CJI-designate Justice Gavai a day after his superannuation.
“We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” the CJI said. “We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time,” Solicitor General Tushar Mehta, appearing for the Centre, said while indicating the retirement of the CJI.
Earlier, the Centre had assured the apex court on April 17 that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the Central Waqf Council and boards till May 5. The Centre made the assurance while informing the bench that the law, passed by Parliament with "due deliberations", should not be stayed without hearing the government. The batch of five petitions are now titled ‘In Re the Waqf (Amendment) Act, 2025’ and they include the one filed by AIMIM chief and Hyderabad MP Asadudding Owaisi.
In its affidavit on April 25, the Centre defended the amended Act and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament". Justifying a provision on "waqf by user" properties, it said any interference would create a "legislative regime by a judicial order". Waqf by user refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn't a formal and written declaration of waqf by the owner.Several political parties such as the DMK, YSRCP, AIMIM, the Left parties, civil society groups such as NGOs, Muslim bodies and others have moved the apex court challenging the validity of the Act.
Meanwhile,Union Minister Bhupendra Yadav on Monday alleged that the Congress is spreading rumours about the Waqf Amendment Ãct, 2025. Addressing a press conference at Delhi BJP office, the Union minister said that Prime Minister Narendra Modi has come up with various reforms in the fields of social justice, economic growth, transparency and gender equality. "The Waqf Amendment Ãct, 2025 recently passed by Parliament is an important milestone of this progressive journey," he asserted. The rights of Muslim groups and individuals to create, manage and regulate Waqf will remain intact,he said.