The Supreme Court of India on Thursday, April 17, ordered the Narendra Modi-led Central government to file its stand within a week in the challenge to the Waqf Amendment Act 2025 after the union government assured it that 'waqf by user' or 'waqf by deed' properties won't be denitrified until the next hearing.
The apex court bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan also recorded the assurance of Solicitor General Tushar Mehta, representing the Centre, that no appointments in the central Waqf council and boards will be made in the meantime.
Solicitor General Tushar Mehta said the government will not notify "waqf by deed" and "waqf by user" properties until the next hearing. The CJI said if registration of any waqf property had taken place under the erstwhile 1995 Act, then those properties can't be notified until the next hearing on May 5. The bench passed the order after Mehta was given a week's time to file a preliminary response to the pleas against the newly amended Waqf Bill.
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Advocate Barun Kumar Sinha representing Hindu Sena chief Vishnu Gupta said, "In the Supreme Court today, the Solicitor General of India clearly states that no appointment will be made either in the Waqf council or in the board under the new amendment Act. The Solicitor General also states that the government will not de-notify the properties (Waqf-by-user) which are registered and gazetted till the next date of the hearing. SG has made it clear that the government is not against anybody..."
"I am thankful to the Supreme Court, judges and advocates who rose above religion and helped us in protecting our country. We are satisfied with the decision as the central government said in the court that properties under Waqf-by-user will continue to be there with Waqf, and there will be no interference in the members of the Waqf board. The central government will reply in 7 days. How a DM can be above the court - that provision (from the Act) will certainly be removed. The Waqf board will continue to be there as it is," said AAP leader Amanatullah Khan.
AIMIM Chief Asaduddin Owaisi said, "The Supreme Court has said that the Central Waqf Council and the State Waqf Board will not be constituted, and 'Waqf by user' cannot be deleted. During the deliberations of the Joint Working Committee, I have given a report opposing all amendments proposed by the government, and during the debate in the Parliament on the bill, I have called it (bill) unconstitutional. Our legal battle against this Act will continue."