April 17, 2025 - The Supreme Court (SC) yesterday, April 16, proposed an interim stay on certain key provisions of the Waqf (Amendment) Act, 2025, and said it is considering passing an order which will balance equities. The Bench, headed by Chief Justice of India (CJI) Sanjiv Khanna, raised concerns particularly about three key issues - the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards; the powers granted to District Collectors to resolve disputes over Waqf properties and the provision allowing Courts to de-notify properties declared as Waqf, including Waqf by user.

The SC, however, put the interim order on hold at the request of the Central Government for additional time to respond. The case is due to be heard next today, April 17.

More than 100 petitions challenging the Constitutional validity of the Waqf (Amendment) Act, 2025 are currently being heard in SC. The petitioners' lawyers have argued that the new law has several flaws.

The Apex Court also raised the quesiton of why these petitions were not being heard in the High Court. It instead heard extensive arguments from senior advocates including Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhavan and Solicitor General Tushar Mehta.

During the two-hour hearing, Sibal raised the issue of Jama Masjid, to which CJI Khanna assured that Jama Masjid and other ancient monuments will remain protected, saying, “The law is in your favour on this.”

“There are some good aspects too, which neither side is mentioning,” the CJI observed at the end of the hearing, thus striking a balance and pushing the Centre to address some key issues even as he drew a line for the petitioners.

The Bench comprising the CJI, Justice PV Sanjay Kumar and Justice KV Viswanathan will resume the hearing at 2:00 pm today, April 17.

With Media Inputs