Supreme Court refuses to entertain fresh plea challenging Waqf (Amendment) Act

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar (not in the photo) asked the counsel for the petitioner Syed Alo Akbar, to file an intervention application in pending five cases which will be taken up on May 5 for passing interim orders. File
| Photo Credit: PTI

The Supreme Court on Monday (April 28, 2025) refused to entertain a fresh plea challenging the constitutional validity of the Waqf (Amendment) Act, 2025, saying it cannot entertain “hundreds” of petitions on the issue.

Waqf (Amendment) Bill | Analysis and explainers from The Hindu

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar asked the counsel for the petitioner, Syed Alo Akbar, to file an intervention application in pending five cases which will be taken up on May 5 for passing interim orders.

“You withdraw this. We passed an order on April 17 saying only five petitions will be taken up for hearing,” the CJI said, adding, “It will be open for the petitioner to file an application in the pending petitions if so advised.” On April 17, the bench decided to hear only five of the total number of pleas before it and titled the case: “In Re: Waqf (Amendment) Act, 2025”.

About 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Anwar Basha former chairman Karnataka State Board of AUQAF represented by advocate Tariq Ahmed, Congress MPs Imran Pratapgarhi and Mohammad Jawed, were filed against the law.

While appointing three lawyers as the nodal counsel, the bench asked the advocates to decide among themselves who was going to argue.

The petitioners were allowed to file their rejoinders to the Centre’s reply within five days of the service of the government’s response.

“We clarify that the next hearing (May 5) will be for the preliminary objections and for an interim order,” the bench said.

The Centre, on April 17, assured the bench that it will neither denotify waqf properties, including “waqf by user”, nor make any appointments to the central waqf council and boards till May 5.

The assurance of Solicitor General Tushar Mehta came when he informed the bench headed by the CJI that the waqf law was passed by Parliament with “due deliberations” and it should not be stayed without hearing the government.

Later, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”.

The Ministry urged the top court to dismiss the pleas challenging the validity of the law, pointing out a “mischievous false narrative” surrounding certain provisions.

The Centre recently notified the Act, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.

The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it.

It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.