The Supreme Court on Monday refused to entertain a
fresh plea challenging constitutional validity of the Waqf (Amendment) Act,
2025, saying it cannot entertain "hundreds" of petitions on the
issue.
A bench comprising Chief Justice Sanjiv Khanna and
Justice Sanjay Kumar asked the counsel for petitioner Syed Alo Akbar to file an
intervention application in pending five cases which will be taken up on May 5
for passing interim orders.
You withdraw this. We passed an order on April 17
saying only five petitions will be taken up for hearing, the CJI said, adding,
It will be open for the petitioner to file an application in the pending
petitions if so advised.
On April 17, the bench decided to hear only five of
the total number of pleas before it and titled the case: "In Re: Waqf
(Amendment) Act, 2025".
About 72 petitions, including those by AIMIM leader
Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat
Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Anwar Basha former chairman
Karnataka State Board of AUQAF represented by advocate Tariq Ahmed, Congress
MPs Imran Pratapgarhi and Mohammad Jawed, were filed against the law.
While appointing three lawyers as the nodal counsel,
the bench asked the advocates to decide among themselves who was going to argue.
The petitioners were allowed to file their
rejoinders to the Centre's reply within five days of the service of the
government's response.
"We clarify that the next hearing (May 5) will
be for the preliminary objections and for an interim order," the bench
said.
The Centre, on April 17, assured the bench that it
will neither denotify waqf properties, including "waqf by user", nor
make any appointments to the central waqf council and boards till May 5.
The assurance of Solicitor General Tushar Mehta came
when he informed the bench headed by the CJI that the waqf law was passed by
Parliament with "due deliberations" and it should not be stayed
without hearing the government.
Later, the Union Ministry of Minority Affairs filed
a preliminary 1,332-page affidavit defending the amended Waqf Act and opposed
any "blanket stay" by the court on a "law having presumption of
constitutionality passed by Parliament".
The ministry urged the top court to dismiss the
pleas challenging the validity of the law, pointing out a "mischievous
false narrative" surrounding certain provisions.
The Centre recently notified the Act, which got the
assent of President Droupadi Murmu on April 5 after its passage from Parliament
following heated debates in both houses.
The bill was passed in the Rajya Sabha with 128
members voting in favour and 95 opposing it.
It was cleared by the Lok Sabha with 288 members
supporting it and 232 against it.