Top court expresses serious concern over violence during protests in Bengal; to pass interim orders on Thursday
New Delhi, April 16: The Supreme Court on Wednesday said it will pass interim orders on petitions challenging the validity of the Waqf (Amendment) Act, 2025 on Thursday even as it expressed serious concern over violence during protests against the Waqf (Amendment) Act in West Bengal.
“One thing is very disturbing, the violence. The issue is before the court and we will decide,” a three-judge Bench led by CJI Sanjiv Khanna said, posting the matter for hearing on April 17 at 2 pm.
During the hearing, the Bench proposed to pass an order that the properties declared by courts as Waqfs 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 Bench — which also included Justice Sanjay Kumar and Justice KV Viswanathan — proposed that the proviso 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 and that all members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members.
The top court also asked the Centre if Muslims would be allowed to be part of Hindu religious trusts.
Senior advocate Kapil Sibal, appearing for the petitioners referred to Waqf Amendment Act and said was challenging the provision that says only Muslims could create waqf.
“How can state decide whether, and how I am a Muslim or not and hence, eligible to create waqf?” Sibal asked.
He added, “How can government say only those who are practising Islam for last five years can create waqf?”
Senior advocate Abhishek Singhvi, who represented some of the petitioners, submitted that Waqf Act would have all India ramifications and pleas should not be referred to the high court.
Senior advocate Huzefa Ahmadi, opposing Waqf Act, said Waqf by user was an established practice of Islam and couldn’t be taken away.
Meanwhile, the Centre said that there was constitution of Joint Parliamentary Committee and elaborate exercise was undertaken.
Solicitor general Tushar Mehta said the JPC had 38 sittings and examined 98.2 lakh memorandums before Parliament’s both Houses passed it.
Passed by the Rajya Sabha during the wee hours of April 4 with 128 members voting in favour and 95 opposing it, the Waqf (Amendment) Bill 2025 received President Murmu’s assent on April 5.
The Lok Sabha passed the Bill on April 3 with 288 members supporting it and 232 against it. The Centre notified it on April 8.
Under the amended law only self-owned resources can be declared as Waqf after ensuring the inheritance rights of women and children and the DC will determine that land being donated by a Muslim is actually in his ownership. It also empowers state governments to nominate members, including representatives from backward classes and both Shia and Sunni communities to Waqf boards.
The petitioners alleged that the amended law imposed “arbitrary restrictions” on Waqf properties and their management, undermining the religious autonomy of the Muslim community and took away various protections accorded to Waqfs and discriminated against Muslims.
However, a petition filed by Hari Shankar Jain on Tuesday submitted that the impugned provisions conferred undue benefits on Muslims and discriminated against non-Muslims, the petitioners submitted.
Jain demanded that Hindus/non-Muslims should be entitled to approach civil courts in disputes relating to waqf and land belonging to Hindus and common village land should be identified and recovered from Waqf Boards.
Disputes between Waqf Boards and non-Muslims over land must be decided by civil courts and not Waqf Tribunals, Jain demanded.
Almost 100 petitions have been filed challenging the constitutional validity of the Waqf (Amendment) Act, 2025, including those filed by AIMIM leader Asaduddin Owaisi and Jamiat Ulama-i-Hind president Arshad Madani.
The other petitioners included RJD MP Manoj Jha and another, AAP MLA in Delhi Amanatullah Khan, Association for Protection of Civil Rights, Samastha Kerala Jamiyyathul Ulama and another, Taiyyab Khan Salmani, Anjum Kadari, Mohammad Shafi and another and Mohammad Fazalurrahim and another.
As Madani urged the top court to stay the operation of the Waqf (Amendment) Act, 2025, the Centre has filed a caveat in the Supreme Court to pre-empt the possibility of any ex-parte order.
The CPI, Tamil actor-turned-politician Vijay and the YSRCP-led by former Andhra Pradesh chief minister Jagan Mohan Reddy have also moved the Supreme Court against the Waqf (Amendment) Act, 2025.
DMK has filed a petition against the amendment through party’s deputy general secretary and Lok Sabha MP A Raja, who was also a member of the Joint Parliamentary Committee on the Waqf Amendment Bill.
Governments of six BJP-ruled states of Assam, Haryana, Rajasthan, Chhattisgarh, Uttarakhand and Maharashtra on Monday moved the Supreme Court in support of the amendment. — (Agencies)
