The Impressive TimesNew Delhi : The Supreme Court on Wednesday paused issuing its planned interim order on the contentious Waqf (Amendment) Act, 2025, after the Centre sought additional time to respond to crucial constitutional and procedural concerns raised by the bench. A three-judge bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan was hearing a series of petitions challenging the constitutional validity of the recent amendments.
The bench had indicated its intention to pass an interim order but held back at the Centre’s request. Solicitor General Tushar Mehta, appearing for the Union government, urged the Court to defer the order to allow the government more time to frame a comprehensive response to the queries raised.
One of the key issues raised by the bench was regarding “waqf by user”, where properties are treated as Waqf not through formal documentation but by long-standing community usage. The bench questioned how such waqfs can be denied recognition, considering that in many cases, no formal deeds or documents exist. This is particularly significant in rural and historical contexts, where religious and charitable properties have traditionally existed without registration.
The Court also flagged three major concerns regarding the implementation of the amended provisions:
Waqf properties already declared by courts—whether by user or deed—should not be de-notified during the pendency of the legal challenge to the amended law.
The provision that disallows treatment of a property as Waqf while a district Collector investigates if it is government land should be put on hold, the bench suggested.
The clause that mandates all members of Waqf Boards and the Central Waqf Council be Muslims, excluding ex-officio members, was also under judicial scrutiny.
While the Court was inclined to pass an interim directive based on these observations, it refrained from doing so after the Centre’s appeal for time. The hearing will now resume today at 2 PM.
Toward the end of the proceedings, CJI Sanjiv Khanna expressed concern over reports of violence in West Bengal allegedly linked to public outrage against the Waqf (Amendment) Act. He emphasized that the Court was fully seized of the matter and urged restraint from all stakeholders.
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