New Delhi: The Supreme Court will hear the lead batch of petitions challenging the Waqf Amendment Act on 20 May. A bench of Chief Justice B.R. Gavai and Justice Augustine George Masih has asked both the Union government and the petitioners to file their affidavits by 19 May.
Solicitor General Tushar Mehta appeared for the Centre. Senior advocate Kapil Sibal argued for the petitioners. The matter had earlier been listed for 5 May but was deferred.
The bench said it would consider interim relief on 20 May. Both sides indicated that more time may be needed to study the issues. The Centre assured the court that core provisions of the Act would remain inactive till then. Status quo will hold.
The government, in a 1,332-page affidavit filed on 25 April, defended the legislation as constitutional, arguing it had full parliamentary backing and should not be stayed. It claimed Waqf properties had expanded by over 20 lakh acres since 2013, resulting in frequent conflicts over private and government land.
The All India Muslim Personal Law Board (AIMPLB) contested the data, calling it false, and asked the court to initiate action against the officer responsible for the affidavit.
Over 70 petitions have been filed against the Waqf Amendment Act, but the court will only hear five principal ones, including one by AIMIM MP Asaduddin Owaisi.
The law came into effect in April after presidential assent. It passed in the Lok Sabha with 288 votes and in the Rajya Sabha with 128. Several opposition parties objected and approached the court.
Originally heard by a bench headed by then-CJI Sanjiv Khanna, who retired on 13 May, the case has now shifted to Gavai and Masih. Petitioners are represented by Sibal, Rajeev Dhavan, Abhishek Manu Singhvi, and C.U. Singh.
On 17 April, Mehta argued against any stay, stating the Act was passed after wide consultation. He alleged that entire villages and private holdings had been encroached by the Waqf. The bench clarified it was not issuing a final verdict yet.
Core objections raised in the petitions:
- The Act allegedly violates Articles 14, 15, 25, 26, 29, and 300A of the Constitution.
- It allows non-Muslims on Waqf Boards and gives district collectors authority over Waqf property, seen as state interference.
- It targets the Muslim community uniquely, without placing equivalent restrictions on other religious trusts.