GUWAHATI: The Supreme Court on Thursday, April 17, recorded an assurance from the central government that no appointments of non-Muslims to the Waqf Boards or the Central Waqf Council would be made until further orders. The government also assured that no Waqf properties, including those declared as "Waqf-by-user", would be denotified or have their status altered until the next hearing.
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A bench headed by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and K V Vishwanathan, noted the statements made by Solicitor General Tushar Mehta on behalf of the Centre during the hearing of multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The 2025 amendments to the 1995 Waqf Act have prompted legal scrutiny and widespread controversy. Among the key issues raised were provisions enabling non-Muslims to be appointed to the Waqf Boards and the Central Waqf Council, a move which drew concerns from the bench. The court remarked that, barring ex-officio members, Waqf institutions should comprise only Muslims, considering their specific religious character.
The second contentious clause under scrutiny relates to the treatment of Waqf properties whose status is disputed. The amended Act empowers district collectors to treat such properties as non-Waqf until their inquiries conclude. The bench noted this could result in premature de-notification of properties already recognised as Waqf by court orders, particularly those established through long-standing public use.
The court directed the Centre to file its preliminary response within seven days and allowed petitioners to submit rejoinders within five days thereafter. The matter was scheduled for further consideration on May 5.
The Waqf (Amendment) Act 2025 has triggered a wave of opposition from across the political spectrum and various civil society groups. Petitioners include AIMIM president Asaduddin Owaisi, AAP leader Amanatullah Khan, members of the All India Muslim Personal Law Board, and MPs from the RJD, DMK, CPI, and Congress, among others.
