New Delhi: The Supreme Court on Thursday (May 22) reserved its verdict on interim stay on the provisions of the Waqf (Amendment) Act, 2025 after hearing submissions for third consecutive days.
A bench comprising Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih is hearing over 70 petitions challenging the constitutional validity of the Waqf law.
Mehta urged court not to stay the provisions of the amended waqf law
Solicitor General Tushar Mehta, representing the Centre, defended the law and urged the court not to stay the provisions of the amended waqf law. He addressed the concerns on various provisions of the amended law and submitted that provisions of the amended law are not “atrociously unconstitutional” so as to warrant a stay at the interim stage.
Petitioners sought interim stay on provisions of amended law
Lawyers making submissions for petitioners sought an interim stay on the provisions of the amended waqf law, saying provisions are unconstitutional. They countered the submissions made by Mehta and others defending the amended law on key issues – the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”, composition of state waqf boards and Central Waqf Council and inquiry by collector to ascertain if the property is government land.
A lawyer mentioned the case of Tamil Nadu village where waqf has made claim on entire village land
At the end of the hearing, a lawyer mentioned the case of a Tamil Nadu village where waqf has made claim on the entire village land and urged the court to look into it. The lawyer stated that the temple in the Tamil Nadu village was built by Aditya Chola, the chola king, and Islam is only 1400 years old, however, the entire village has been declared as waqf.
“We will see,” CJI Gavai said.
Petitioners countered Mehta’s statement that waqf is not an essential part of Islam
Petitioners on Thursday also countered Mehta’s submissions that waqf was not an essential part of Islam and said that essentiality and integrality of waqf is established and it is part of charity and part of five pillars of Islam.
Mehta on Wednesday submitted before the court that waqf is an Islamic concept but it is not an essential part of Islam and it is nothing but just charity in Islam.
“Waqf is an Islamic concept. But it is not an essential part of Islam. Waqf is nothing but just charity in Islam. Charity is recognised in every religion, and it cannot be regarded as an essential tenet of any religion,” Mehta said on Wednesday.
Every stakeholder was heard before enacting the law, Mehta told court on Wednesday
Mehta on Wednesday told the court that every stakeholder was heard before enacting the law and a false narrative is being made that waqf is being snatched, which is nothing but the country is being misled. He further stated that this is the first enactment dealing with regulation of Waqf property – the menace which has been going on since 1923.
Law aimed at capturing waqf, Sibal submitted on Wednesday
Senior advocate Kapil Sibal on Tuesday submitted that the law is meant for protection for waqf but it has been aimed at capturing waqf and has been designed in such a way that waqf property is taken away without following any process.
Courts cannot interfere unless a glaring case is made out, CJI Gavai said on Tuesday
CJI Gavai on Tuesday, while hearing submissions made by the lawyers representing petitioners, told them that there is a presumption of constitutionality for the statute and courts cannot interfere unless a glaring case is made out.
“There is a presumption of constitutionality for the statute and courts cannot interfere unless a glaring case is made out,” CJI Gawai said on Tuesday while hearing the submissions made by petitioners.
