The Supreme Court on Friday declined to entertain fresh petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, stating that everyone seems to want media attention.
A bench led by Chief Justice B R Gavai and Justice Augustine George Masih dismissed the new pleas, saying the court would proceed with hearing the already pending petitions on May 20. That hearing will also address requests for interim relief.
As one of the fresh pleas came up, Solicitor General Tushar Mehta, appearing for the central government, objected strongly. “There can’t be an endless filing of pleas challenging the Act,” he told the court.
The petitioner’s counsel explained that the petition had been filed on April 8 and that the Supreme Court registry’s objections had been addressed by April 15. However, the plea had not yet been listed.
“Everybody wants his name to be in the newspapers,” Chief Justice Gavai remarked, dismissing the petition. Another similar plea was also swiftly dismissed with the court saying simply, “Dismissed.”
When one petitioner requested permission to intervene in the existing batch of petitions, the Chief Justice responded, “We already have too many intervenors.”
On April 17, the court had announced it would consider only five out of the many petitions filed against the 2025 amendment.
The court is scheduled to hear key arguments on May 20 on three main concerns: first, the power to denotify properties already declared as waqf by courts or classified as “waqf by user” or “waqf by deed”; second, the composition of state waqf boards and the Central Waqf Council, with petitioners arguing that only Muslims—aside from ex-officio members—should be included; and third, a provision stating that if a Collector suspects a waqf property to be government land, it will not be treated as waqf until the inquiry concludes.
Previously, on April 17, the Centre gave an assurance that it would not denotify waqf properties—including those classified as “waqf by user”—and would refrain from making new appointments to the Central Waqf Council and state boards until May 5.
That assurance was reiterated by Solicitor General Mehta during the May 15 hearing. He also opposed the court’s idea of passing an interim order staying provisions of the Act, including the one allowing non-Muslims to be included in the waqf councils.
The Union Ministry of Minority Affairs has defended the 2025 amendment, submitting a 1,332-page affidavit opposing any blanket stay. The ministry argued that the law, passed by Parliament, carries a presumption of constitutionality.
The matter will resume on May 20.
