The Supreme Court had on April 17 recorded the Centre’s assurance of not denotifying waqf properties, including “waqf by user”, or making appointments in the central waqf council and boards till May 5.
The Supreme Court is all set to hear pleas against the constitutional validity of the Waqf (Amendment) Act 2025 on Thursday. The matter would be heard by Chief Justice B R Gavai and Justice Augustine George Masih. Former CJI Sanjiv Khanna, whose bench was hearing the matter, demitted office on May 13.
The Supreme Court had on April 17 recorded the Centre’s assurance of not denotifying waqf properties, including “waqf by user”, or making appointments in the central waqf council and boards till May 5.
The assurance came when the apex court was informed that the law was passed by Parliament with “due deliberations” and it should not be stayed without hearing the government.
The Centre opposed the apex court’s proposal to pass an interim order against the denotification of waqf properties, including “waqf by user”, aside from staying a provision allowing the inclusion of non-Muslims in the central waqf councils and boards.
On April 25, the central ministry of minority affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”.
The Centre urged the top court to dismiss the pleas challenging the validity of the Waqf (Amendment) Act, 2025, pointing out a “mischievous false narrative” surrounding certain provisions.
The Centre urged the bench not to stay the law’s provisions and claimed a “shocking increase” of 116 per cent in the waqf properties since 2013. The affidavit rebutted the submissions that Muslims might be in the minority in the Central Waqf Council and state Waqf Boards due to the change in the law.
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.
The All India Muslim Personal Law Board has accused the Centre of submitting incorrect data in the top court and sought action against the officer concerned for filing a “false affidavit”.
The board expressed serious reservations against the government claiming a “shocking increase” in the number of waqf properties uploaded in the central portal post 2013.
The Centre notified the Waqf (Amendment) Act, 2025 after it got President Droupadi Murmu’s assent on April 5.
(With inputs from PTI)
