SC defers hearing of Waqf Amendment Act to May 20.

The Supreme Court on Thursday deferred the hearing on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2023, to May 20, after Solicitor General Tushar Mehta assured the Court that no action would be taken by the authorities under the amended law until the matter is heard in detail.

The matter came up before a bench led by the newly sworn-in Chief Justice of India, Justice B.R. Gavai, along with Justice A.G. Masih, which was hearing a series of petitions questioning key provisions of the amended Waqf law, particularly those allowing registration of properties as waqf by user and the appointment of Waqf Boards under the new Act.

CJI Gavai directed, “List the matter next Tuesday. The assurance shall continue as given by the Solicitor General. If any officer tries to do something before that, we are here”, underlining the Court’s readiness to intervene if necessary.

The Solicitor General reiterated, “Before that, I am there“, drawing a brief moment of laughter in court, as the Bench and lawyers engaged in a series of light exchanges amid the serious constitutional discourse. During the proceedings, Senior Advocate Kapil Sibal, appearing for the petitioners, said he was not ready to argue the main plea today but could seek interim relief, which would require at least two hours. The SG agreed, noting that “it is a case of seeking a stay on statutory provisions, so it’s better taken up next week”. Senior lawyers including Shadan Farasat, Rajiv Dhawan, and Vishnu Jain also made submissions.

When Advocate Jain sought to challenge certain provisions of the original Waqf Act, 1995, CJI Gavai firmly clarified, “We will not consider any request to hear a challenge against the 1995 Act in this hearing. Just because the 2023 Amendment is being considered now, you cannot raise issues against the original Act”. The CJI concluded: “We will grant two hours to each side next week for structured arguments”.

The petitioners argue that the Waqf (Amendment) Act, 2023, permits the arbitrary designation of private property as waqf without transparent investigation or proper adjudication. Of particular concern is the concept of “waqf by user”, which allows properties to be declared waqf based on unverified historic usage patterns.

In response, the Centre has already filed a detailed affidavit, and SG Mehta assured the court that no waqf properties, including those under “user”, would be denotified, and no appointments would be made to the Central or State Waqf Boards under the 2023 Act until the matter is heard.

Earlier on May 5, a bench led by then CJI Justice Sanjiv Khanna had transferred the case to Justice Gavai’s bench for adjudication. Justice Khanna, who was scheduled to retire on May 13 refrained from passing any interim orders, noted that “some serious questions regarding property registration and waqf governance” required a full hearing. He had emphasised, “This matter must be heard properly. I will not reserve any judgment or even an interim order. It will not be before me”.

The matter is now poised for in-depth constitutional scrutiny on May 20, with both interim and substantive reliefs are to be argued comprehensively.

Team Maverick