Supreme Court to Resume Hearing on Petitions Challenging Validity of Waqf Amendment Act, May Issue Interim Order

NEW DELHI: The Supreme Court will hold another hearing today on petitions challenging the validity of the Waqf Amendment Act. The court may issue an interim order regarding the Waqf law.

On Wednesday, the Supreme Court posed sharp and tough questions to the Central Government regarding the Waqf law. The court had made up its mind to issue an interim order on the Waqf law, but the Central Government appealed for its arguments to be heard before issuing the interim order. Due to a lack of time, the Supreme Court deferred the hearing on the Waqf law to a later date.

An interim order could have been issued on Wednesday regarding three amendments related to the Waqf law. The first issue pertains to the denotification of Waqf-by-user properties, the second concerns the presence of non-Muslim members in the Waqf Board, and the third relates to the powers granted to the Collector in disputes over Waqf properties.

On Wednesday, a significant hearing took place in the Supreme Court on petitions challenging the Waqf (Amendment) Act. The bench, headed by Chief Justice Sanjeev Khanna, heard arguments from both the Muslim side and those supporting the amendments. During the hearing, specific discussions were held on various amended sections, such as Sections 3, 9, 14, 36, and 83.

Advocates for the Muslim side argued that these amendments violate their fundamental rights guaranteed by the Constitution, particularly the rights to religious freedom under Articles 25 and 26. They contended that the amendments interfere with their religious affairs.

On the other hand, the Solicitor General, representing the Central Government, and senior advocates supporting the Act assured the Supreme Court that the amendments to the Waqf Act are entirely in line with the Constitution and do not involve any violation of fundamental rights.

During the hearing, the court, in its preliminary observations, stated that most of the amendments appear to be in accordance with the Constitution. However, the court sought clarification on the definition of "user." Additionally, the court asked the Central Government for clarification regarding the role of Hindu members in the formation of the Waqf Council.

Earlier, senior advocates began presenting their arguments before the bench headed by Chief Justice Sanjeev Khanna in this significant case. On behalf of the petitioners, senior advocate Kapil Sibal initiated the arguments, followed by Abhishek Manu Singhvi.

Advocate Singhvi informed the court that there are approximately eight lakh Waqf properties across the country, of which over four lakh are registered as "Waqf-by-user." He expressed concern that the amendments to the Waqf Act have put these properties at risk.

During the hearing, Chief Justice Sanjeev Khanna remarked that when he was in the Delhi High Court, he was told that a particular piece of land was Waqf property. He clarified, "Don't misunderstand us; we are not saying that all Waqf-by-user properties are invalid."

The arguments between both sides continued on Wednesday, and the Supreme Court scheduled the next hearing for Thursday at 2 PM.