Waqf row: Supreme Court to decide if interim order needed

NEW DELHI: Supreme Court on Thursday said it will on May 20 hear a limited number of advocates for several Muslim petitioners who have challenged the constitutional validity of the Waqf (Amendment) Act, 2025, only for the purpose of deciding the necessity and contours of any interim order required to be issued by the court.

SG Tushar Mehta said govt has filed a comprehensive affidavit on the three issues flagged by the court in its April 17 order: nomination of non-Muslims to Central Waqf Council and boards, validity of waqf-by-user without valid documents, and the process for identification of govt land under waqf.

Won’t permit any challenge to 1995 Waqf Act: SC bench

Perturbed after seeing a number of senior advocates appearing for the Muslim parties and speaking in different voices, a bench of CJI B R Gavai and Justice A G Masih said if merely scheduling the hearing takes so much of time and if this there is so much confusion as to who all should be permitted to argue, then the hearing cannot commence.

The bench asked lead counsel for the Muslim side, senior advocate Kapil Sibal , to coordinate with other counsels who are arguing against the amendments and file by Saturday a consolidated written submission on the need and shape of interim order. It asked Mehta to articulate his response and submissions by Monday.

During the hearing, advocate Vishnu Shankar Jain said the court should allow him to argue a petition challenging the Waqf Act, 1995, as well as the Waqf (Amendment) Act, 2025, both of which are discriminatory based on religion. The bench, however, asked, “How can you challenge the 1995 Act after 30 years?”

Jain said the petition also challenges certain provisions of the new waqf law as it has not addressed the unequal situation created in favour of Muslims by the 1995 Act.

The bench said, “Do not mix the issues. We will not consider any request for stay of any provision of the Waqf Act, 1995. Just because the Amendment Act, 2025 is challenged, no one can be allowed to jump in to challenge the 1995 legislation.”

Sibal said the assurance of the Union govt through the solicitor general on certain aspects should continue till May 20. Mehta said it will continue till May 20.