SC issues interim stay on implementation of amendments to Waqf Act, 2025

Centre submitted that a preliminary reply will be filed within seven days, along with relevant documents.

STC NEWS DESK
NEW DELHI, APRIL 17 (STC): The Supreme Court has issued an interim stay on the implementation of the controversial amendments to the Waqf Act, 2025. The decision comes after the Apex Court heard multiple petitions challenging the constitutional validity of the new amendments, which had triggered widespread concern and protests from various sections of the Muslim community across the country.
The petitioners argued that the amended law infringes upon the rights of the Waqf institutions and the Muslim community, and sought the court’s intervention to safeguard their interests.
During the hearing, the Supreme Court also questioned the government on the provisions of the amended Act and observed that no new members should be added to Waqf Boards and that ‘Waqf-by-user’ properties should not be denotified until further orders.
According to the agency reports, the Supreme Court today recorded the Centre’s request for additional time to file a response in the matter related to the Waqf Act. Solicitor General Tushar Mehta, appearing for the Centre, submitted that a preliminary reply will be filed within seven days, along with relevant documents.
The court took note of the Solicitor General’s assurance that no appointments to the Waqf Board or Council will be made until the next hearing. The court also stated that existing Waqf properties, including those registered by the user or declared through notification, will not be identified.
The Solicitor General said that the Waqf Act is a considered piece of legislation and that the Centre has received a large number of representations regarding the classification of land as Waqf. He added that staying the entire Act would be a severe step and sought one week to submit a reply.
The Supreme Court stated that it had earlier noted some aspects of the legislation as positive and reiterated that there can be no complete stay of the Act at this stage. The court also said that it does not want the current status to be altered while the matter is under its consideration.
The bench reiterated that the objective is to maintain the existing situation without changes while the matter remains under judicial review.
Earlier on Wednesday, following a two-hour-long hearing, the apex court indicated that it may stay certain key provisions of the Act, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, powers of Collectors on deciding disputes over Waqf properties and provisions on de-notifying properties declared as Waqf by courts.
The top court was about to dictate the order, but Solicitor General Tushar Mehta, representing the Centre, and other counsels who were appearing for parties defending the Act said they should be heard before passing the interim order.
A three-judge bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan are hearing the case. (STC)