SC to resume today arguments on Waqf Act

The Supreme Court yesterday paused its planned interim order on the Waqf (Amendment) Act 2025 after the Centre requested more time to respond to three key questions raised by the bench. A three-judge bench of Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan was hearing a batch of petitions challenging the Waqf (Amendment) Act, 2025. The matter will resume before the three-judge bench today at 2 PM. 

The court asked Solicitor General Tushar Mehta, appearing for the Centre, on how “waqf by user” can be disallowed as many will not have requisite documents to get such waqfs registered.

The three-judge bench considered passing an interim order on the petitions challenging the new Waqf Act. The bench raised three key points. It said, the properties declared by Courts as Waqf should not be



de-notified, whether they are by “waqf-by-user” or “waqf by deed”, while the Court is hearing the challenge to the Waqf Amendment Act 2025. The Court further said it will order that provision of the Amendment Act, as per which a Waqf property will not be treated as a Waqf while the Collector is conducting inquiry whether the property is a Government land, will not be given effect to. The Court also said it will order that all Members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members.

However, the interim order which the court suggested did not pass yesterday. The Court finally decided that arguments will continue today. CJI Khanna at the end of the hearing expressed concern over the violence that has broken out in West Bengal against the amendments to Waqf Act.