Waqf Act debated in Supreme Court : No interim order as of now, says three-member bench ruling .... to reconvene hearing on April 17, Thursday at 1400 hours

Supreme Court takes note of the violence after the passage of the Waqf Act.

“One thing is very disturbing, the violence. The issue is before the Court, and we will decide,” the CJI said.  

The Supreme Court has asked the Centre whether it is willing to allow Muslims to be part of Hindu religious trusts.

Solicitor General Tushar Mehta and the bench argue about the composition of the board.

Solicitor General Tushar Mehta: "Going by their (petitioners) logic, then your lordships can't also hear this matter.

CJI Khanna : When we are sitting here to adjudicate, we lose our religion. 

We are secular. We are talking about a Board which is managing religious affairs

 Waqf Amendment Act SC hearing 

 A Supreme Court bench headed by Chief Justice of India (CJI) Sanjiv Khanna, comprising Justices Sanjay Kumar and KV Viswanathan, heard a batch of pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on Wednesday, April 16. 

The new Act, which came into force on April 8, was passed by Parliament in March and received President Droupadi Murmu's assent on April 5. 

In Lok Sabha, the Waqf (Amendment) Bill received 232 votes in favour, while in Rajya Sabha 128 voted for the legislation. 

BJP leader Mohsin Raza said that the opposition doesn't believe in justice.

“Waqf Amendment Act 2025 was brought for the welfare of the poor and to give them justice. The opposition, especially Congress and the Samajwadi Party, are the ones who approached the Supreme Court at 3 AM to save a terrorist when he was about to be hanged. They don't believe in justice... 

They are not fighting for anyone's benefit, but their own... The 2013 Amendment is now over... Opposition is being exposed, so they have filed a plea in the Supreme Court to bake their political bread... 

Had they believed in justice, they wouldn't have manipulated Shah Bano's case, nor approached the court against Triple Talaq, abrogation of 370, or CAA-NRC,” Raza told ANI

The interim order  CJI proposes :::: 

* Whichever properties were declared by court to be waqf will not be denotified or be treated as non waqf.. whether it's waqf by user or not.

** 

Collector can continue with proceedings .. but the provision will not be given effect to.

*** 

Regarding board and council.. ex officio members can be appointed. But the other members have to Muslims.   

The Supreme Court said that history of 100 years back cannot be rewritten

"Where public trust has been declared as waqf, say 100 or 200 years back, you turn about and say it is taken by the waqf board," CJI Sanjiv Khanna said to Tushar Mehta.

Mehta argued that if today, he were a Muslim, he wouldn't have to make waqf. He can make trust.

“You cannot rewrite the past of 100 years back!” CJI said.  

During the hearing, the Centre argued that the process of judicial review has not been taken away by the Waqf Act.

“The tribunal is a judicial body, it has a judge and one person with Muslim law knowledge. Judicial has not been taken away,” the court was told.