CJI Gavai-led Bench to hear petitions against Waqf law on May 15

A caller protestation against the Waqf instrumentality successful Bengaluru. Petitioners accidental that the amended instrumentality interferes with the close of Muslims to negociate their spiritual affairs and properties. | Photo Credit: K. MURALI KUMAR

A Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih is scheduled to perceive the situation to the Waqf (Amendment) Act, 2025, successful the Supreme Court connected Thursday.

The lawsuit past came up earlier a three-judge Special Bench led by Chief Justice Gavai’s predecessor, Justice Sanjiv Khanna, connected May 5. Justice Khanna had astatine the clip expressed reluctance to proceed proceeding the case, saying helium had precise small clip till his status connected May 13.

The May 5 proceeding had been scheduled for arguments connected a plea to enactment the implementation of the 2025 amendments to the Waqf law, which, according to the petitioners, interfered with the close of Muslims to negociate their ain spiritual affairs and properties.

Prior to May 5, the Bench of Justices Khanna, Sanjay Kumar and K.V. Viswanathan had nudged the authorities connected April 17 into coming retired with a connection successful unfastened tribunal that it would not alteration the quality oregon change the presumption of waqf properties crossed the state connected the ground of these amendments. The Bench had recorded the connection successful its April 17 order.

Govt. defence

The interregnum betwixt the April 17 proceeding and May 5 had seen the authorities record an affidavit successful court, highlighting the “phenomenal increase” successful waqf assets successful the decennary betwixt 2013 and 2024, portion justifying the 2025 amendments arsenic a indispensable measurement to antagonistic rampant encroachments into authorities and backstage properties made successful the sanction of waqfs.

However, Justice Khanna opened the May 5 hearing, saying the issues raised were superior and should beryllium heard finally. However, helium had said that with small clip near successful his tenure, helium did not privation to reserve orders connected the plea for an interim enactment of the law. He past posted the lawsuit connected May 15.

The proceeding connected May 15 earlier a two-judge Bench with neither Justice Kumar oregon Justice Viswanathan connected committee whitethorn bespeak what lies ahead.

The lawsuit has implicit a 100 petitioners. The Supreme Court had converted the lawsuit into a suo motu 1 successful bid to debar repetitive petitions from being filed.

The petitions person argued that the 2025 amendments infringed upon and prejudiced the rights of Muslims crossed the country. The amendments fundamentally altered the governance, creation, and extortion of waqf properties — Islamic endowments dedicated perpetually to Allah for spiritual and charitable purposes. The enhanced relation of authorities successful the waqf medication impinged connected the close of the Muslim assemblage to negociate its institutions.

The petitions person highlighted that the amendments omitted the conception of ‘waqf-by-user’ affirmed by the Supreme Court itself arsenic a spot that would attain the presumption of waqf done long-standing spiritual use. Further, an amendment to the creation of the Waqf Board and the Central Waqf Council has mandated inclusion of non-Muslim members successful waqf administrative bodies, they noted.

Published - May 14, 2025 11:48 p.m. IST