Waqf Act: SC issues interim order aimed at safeguarding Waqf properties
The Supreme Court of India while declining to put a total stay on the Waqf Amendment Act 2025 Thursday April 17, 2025 issued interim order aimed at safeguarding the Waqf properties across India
[AIMIM President and Hyderabad MP, Barrister Asaduddin Owaisi, was Wednesday April 16, 2025 spotted in the Supreme Court during the hearing on the Waqf Act. AIMIM is one of the petitioners.]
New Delhi: The Supreme Court of India while declining to put a total stay on the Waqf Amendment Act 2025 Thursday April 17, 2025 issued interim order aimed at safeguarding the Waqf properties across India.
In its order, the Supreme Court made it clear that no Waqf property — whether registered or deemed as Waqf by user — shall be altered in any manner, and all such properties must retain their current legal status until further orders.
The Court also directed that no appointments shall be made under the new provisions of the Act until the next hearing, scheduled for May 5, 2025.
Justifying why it is not staying the entire law, the SC observed some of the provisions of law are good.
"We have said there were some positive things in the law. We have stated that there cannot be a complete stay. But, we also don't want the situation to change which is prevailing now... like the 5 years following Islam one, we are not staying that," the top court said.
The reference was to another contentious provision in the law that prevents a Muslim from giving Waqf before completing five years since embracing Islam.
Centre to abide by SC order
Appearing on behalf of the Central Government, Solicitor General Tushar Mehta requested a week’s time to file the Union’s preliminary reply and supporting documents. The Court granted this request.
Mehta, nonetheless, assured the Supreme Court that the Centre would not make any appointments to Waqf boards.
"SG (Tushar) Mehta assured that till the next date, no appointment shall take place to board and councils under the 2025 Act. He also assures that the status of Waqfs, including Wakf by user, already declared by notification or gazetted, shall not be changed," the apex court said in its order.
The Supreme Court of India had Wednesday April 16, 2025 taken the Narendra Modi government to task over the contentious provisions of the Waqf Amendment Act 2025.
Hearing a batch of petitions challenging the Waqf Amendment Act 2025, the Supreme Court of India Wednesday was especially harsh on the provision allowing non-Muslims as member of the Waqf boards and revoking the practice of 'waqf by user'.
Meanwhile, Chief Justice of India Sanjiv Khanna Thursday clarified that, in the interest of judicial discipline, only five petitions would be heard in detail at this stage and the remaining would be disposed of.
The matter will now be listed under the title “Reply – Waqf Amendment Act”, while challenges related to earlier amendments to the Waqf Act of 1995 and 2013 will be taken up separately, the CJI said.
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