Waqf petitions to be taken up by bench led by next CJI

The Supreme Court on Monday said the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 will be taken up by a bench headed by next chief justice of India (CJI) Justice Bhushan R Gavai on May 15, as the bench headed by incumbent CJI Sanjiv Khanna cited its inability to pass even an interim order due to his impending retirement on May 13.

As soon as a bench comprising CJI Khanna and justices Sanjay Kumar and KV Viswanathan assembled for the hearing, the CJI said: “I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.”

The matter will now be listed before a bench headed by justice Gavai on May 15, a day after he will take oath as CJI on May 14. CJI Khanna will be demitting office on May 13.

Commenting on an affidavit filed by the Centre opposing any “blanket stay” by the court on the Waqf law and responses by petitioners questioning the affidavit, the bench said, “You (Centre) have raised valid points on registration of Waqf and given some figures also, which have been disputed by petitioners. There are certain aspects that we have dealt with, but we need clarifications.”

The bench noted this exercise would become futile in view of the limited working days CJI Khanna has in office. “We will post it before the bench of justice Gavai for hearing on the interim and final order. I want to give him time to go through these documents,” CJI Khanna said.

Senior advocate Kapil Sibal, appearing for some Muslim petitioners, reminded the court that till the next date of hearing, the assurances given by Centre should continue.

“The court has got a quick way of getting rid of all of us,” senior advocate Abhishek Manu Singhvi, also appearing for some of the petitioners, remarked in a lighter vein.

On April 17, the Union government assured the top court that it would neither denotify waqf properties, including “waqf by user”, nor make any appointments to the central waqf council and boards till May 5.

“We would have loved to pursue your lordship (the CJI), as every contention has an answer. We cannot embarrass you because there is no time,” solicitor general Tushar Mehta, representing the Centre, said. “It’s painful for us to remind your lordship (about the retirement).”

To this, CJI Khanna said he was “looking forward to it”.

The court last heard the matter on April 17 when it allowed the Centre to file a response on several legal issues raised in over 70 petitions filed before the top court. It had refrained from passing any order and kept the matter on May 5 to consider the aspect of any interim order, while recording the assurance given by the solicitor general on the aspect of status of waqf and inclusion of non-Muslims in waqf council and boards.

These were the two contentious issues common to all petitions challenging the 2025 law.

Later, on April 25, the Union ministry of minority affairs filed an affidavit defending the amended Act and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”. It claimed a “shocking increase” of 116% in the waqf properties since 2013 and also opposed the arguments over the necessary registration of “waqf by user” properties till April 8, saying if the provision was interfered with by an interim order, it would amount to “creation of legislative regime by a judicial order”.

The government urged the apex court to dismiss the pleas challenging the constitutional validity of the Waqf Act, pointing out a “mischievous false narrative” surrounding certain provisions.

The Centre, in order to justify proposed inclusion of non-Muslims in waqf boards and council, submitted that waqf encompasses charitable purpose extends to education, healthcare, and orphanages, which constitutes non-religious or secular functions.

The petitioners, including Muslim scholars, parliamentarians, religious bodies, and Opposition political parties, however, objected to the Centre’s assertions in the affidavit. They pointed out that state laws on Hindu endowments also serve charitable purpose which relates to management of schools, colleges, hospitals, orphanages, rest houses, etc run by the endowment.

While approximately 70 petitions have been filed against the recently enforced legislation, the top court ordered petitioners to select five lead petitions to address all challenges. The petitions nominated as the lead cases include those filed by Jamiat Ulama-i-Hind president Arshad Madani, social worker Muhammad Jameel Merchant, AIMPLB general secretary Mohammed Fazlurrahim, Manipur MLA Sheikh Noorul Hassan, and AIMIM chief Asaduddin Owaisi.