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The Centre informed the Supreme Court on Thursday that it would not denotify any waqf properties, including those categorised as "waqf by user", and would refrain from making any appointments to the central Waqf council or Waqf boards until May 5. 

This assurance was given by Solicitor General Tushar Mehta during a hearing before a bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan. Mehta emphasised that the Waqf (Amendment) Act, 2025 was passed by Parliament after due deliberation and urged the court not to pass any interim orders without first hearing the government’s side.

The bench recorded the solicitor general’s assurance that no new appointments would be made to the Waqf council and boards under Sections 9 and 14 of the amended Act until the next date of hearing. It also noted that Waqf properties already registered or declared through notification—including those falling under the category of "waqf by user"—would not be disturbed or denotified in the meantime. 

#WATCH | Delhi | Over SC hearing on Waqf Act, Advocate Barun Kumar Sinha representing Hindu Sena chief Vishnu Gupta says, "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… pic.twitter.com/mvGQT1qyO0

— ANI (@ANI) April 17, 2025

 

The court granted the Centre one week to file its preliminary response to petitions challenging the constitutional validity of the amended Waqf Act and scheduled the next hearing for May 5.

During the hearing, Mehta raised concerns about the possible consequences of any court-ordered stay on the provisions related to “waqf by user” and highlighted the accountability of both the government and Parliament to the people. The Chief Justice responded by stating that any waqf property registered under the previous 1995 Act would remain unaffected until further hearings.

Earlier, the court had proposed staying key provisions of the 2025 Act, particularly those granting the government powers to denotify properties declared as waqf by courts, and the inclusion of non-Muslims in central waqf councils and boards. 

On Thursday, Mehta questioned whether the court could consider issuing a stay based solely on a tentative reading of certain sections, noting that staying a statutory provision was rare and would require a detailed review of the legislative history and amendments. He said the Act was a result of numerous representations received by the government and should not be lightly set aside.

#WATCH | Delhi: On the SC observations after hearing the petitions challenging the Waqf Amendment Act, AAP leader Amanatullah Khan says, "I am thankful to the Supreme Court, judges and advocates who rose above religion and helped us in protecting our country. We are satisfied… pic.twitter.com/h1nqPLMlvy

— ANI (@ANI) April 17, 2025

 

The solicitor general also argued against the stay by citing instances where private properties had allegedly been misclassified as waqf. 

Describing the law as a "considered piece of legislation", Mehta said the petitions were filed before the Act had even received presidential assent, yet were immediately taken up by the bench. 

The court clarified it was not deciding the matter finally at this stage and assured Mehta he would be given the opportunity to present documents and supporting materials. He added that nothing significant would change within a week.

Senior advocate Rakesh Dwivedi, representing one of the state governments, supported the request for time, noting that delaying an interim order for a week would not cause harm. Mehta also assured the court that no appointments to Waqf boards would be made, even for states not presently involved in the case. 

The Chief Justice emphasised that the judiciary’s role was to interpret laws made by Parliament and implemented by the executive. The bench decided to consider only five of the total petitions at this stage and titled the matter “In Re: Waqf (Amendment) Act, 2025”.

 

Around 72 petitions have been filed against the amended law by several individuals and organisations, including AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the DMK, former Karnataka State Board of AUQAF chairman Anwar Basha, and Congress MPs Imran Pratapgarhi and Mohammad Jawed. 

Senior advocates such as Kapil Sibal, Abhishek Manu Singhvi, and Huzefa Ahmadi are representing the petitioners. On Thursday, the court appointed three lawyers as nodal counsel to coordinate among themselves on who would argue the case.

Petitioners were allowed to submit their rejoinders to the Centre’s response within five days of receiving it. The court stated that the next hearing on May 5 would focus on preliminary objections and the possibility of passing an interim order. It also ordered that a separate petition challenging the original 1995 Waqf Act and its 2013 amendment be listed independently in the causelist.

During an earlier hearing on Wednesday, the bench expressed concern about the inclusion of non-Muslims in waqf councils and asked whether the government would consider including Muslims in Hindu religious trusts. 

The CJI had proposed issuing an interim order to “balance the equities”, particularly for provisions that may have serious consequences, such as those that allow denotification of waqf properties previously recognised by courts.

The court suggested that properties already declared as Waqf, whether through usage or formal deed, should not be denotified while the challenge to the new law is being heard. 

 

The concept of “waqf by user” refers to properties that are recognised as religious or charitable endowments based on long-standing, uninterrupted use for such purposes, even if there is no formal declaration by the owner.

The amended Act was notified by the Centre after it received the President’s assent on April 5.

 

 

Also Read: SC warns of fallout over undoing waqf by user, Centre rebuts