The Supreme Court explained that it would only become involved in the Waqf Act case if obvious constitutional flaws are exhibited. Petitioners disputed the amendments; the Center denied the prior orders of interim.
Anshu Kashid
Delhi | May 21, 2025: The Supreme Court on Tuesday clarified that it would not participate in the discussion of the amended Waqf Act if the petitioners failed to demonstrate that it was unconstitutional. The statement was during a hearing regarding petitions that challenged the recent alterations to the Waqf Act.
A bench composed of Chief Justice Bhushan Gavai and Justice Augustine Masih led the proceedings. The advocates, Kapil Sibal and Abhishek Manu Singhvi, submitted the petition to the court, while the Solicitor General, Tushar Mehta, took part in the proceedings on behalf of the government.
At the start of the hearing, the bench announced that it would issue a temporary order regarding three critical issues: the rights of Waqf users, the appointments of Waqf Boards and Councils, and the identification of government land under Waqf. Tushar Mehta concurred with the court’s decision.
In the earlier hearing on April 17, it had been ordered by the Supreme Court that no de-notification of Waqf lands should be done and that no non-Muslim members should be appointed to the Waqf Boards. This is the interim direction that the Centre has opposed and sought a reasoned order.
Kapil Sibal has argued that if any property has been donated to the Waqf, it belongs to Allah and its use can never be changed by any legislative amendment. He expressed apprehensions about the government taking over the properties of the Waqf through this amended law.
In the concluding part of the session, the bench reiterated that the court would come to a help only if there is a clear violation of the constitution.
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