New Delhi: A bench headed by Chief Justice of India (CJI) Sanjiv Khanna on Monday (May 5) said pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025 to May 15 would be heard by a bench headed by next CJI BR Gavai on May 15.
CJI Khanna is set to demit office on May 13 and he will be succeeded by Justice Gavai on May 14.
The bench said that it has gone through the counter affidavit filed by the Centre and rejoinder affidavits filed by the petitioners and the matter requires early hearing and he did not want to reserve any judgment or order at interim stage.
“We have not very deeply gone into the counter affidavit (filed by the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” CJI Khanna said.
Do not want to reserve any judgment or order at this interim stage: CJI Khanna
“There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me. We will post it before the bench of Justice Gavai for both interim and final orders,” CJI Khanna said.
The bench then posted the matter for hearing before a bench headed by Justice Gavai on May 15.
Will hear only five of over 70 pleas, apex court on April 17 said
The apex court on April 17 said it would hear only five of the over 70 pleas challenging the constitutional validity of the Act and titled the case: “In Re: Waqf (Amendment) Act, 2025”. The bench had appointed three lawyers as nodal counsel and had asked them to decide among themselves who was going to argue and had said that the next hearing in the matter (May 5) will be for the preliminary objections and for passing an interim order.
Apex court earlier granted Centre time to file its response and took on record its submissions
The top court on April 17 granted Centre time to file its response and recorded the submissions made by the Centre, which strongly opposed passing of an interim order into the matter without hearing it, that waqf properties, including “waqf by user”, will not be denotified and no appointments will be made to the central waqf council and boards till the next date of hearing (May 5).
