NEW DELHI, Apr 28: The Supreme Court on Monday declined to entertain a fresh petition challenging the constitutional validity of the Waqf (Amendment) Act, 2025, emphasizing that it could not entertain multiple petitions on the same matter. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed the counsel for petitioner Syed Ali Akbar to file an intervention application in the five cases already pending before the Court. These five cases are set to be heard on May 5, when interim orders may be passed.
The Chief Justice remarked, “You withdraw this. We passed an order on April 17 stating that only five petitions would be taken up for hearing,” and added, “It will be open for the petitioner to file an application in the pending petitions if so advised.”
On April 17, the bench had decided to limit its attention to just five of the total 72 petitions challenging the Waqf (Amendment) Act, 2025. The matter is being heard under the title “In Re: Waqf (Amendment) Act, 2025,” and the Supreme Court is set to consider preliminary objections and interim orders during the May 5 hearing.
Notably, several prominent petitions, including those filed by AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), and Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been submitted in opposition to the law. With multiple petitioners involved, the bench appointed three lawyers as the nodal counsels for the case, with the responsibility of deciding who would argue on behalf of the petitioners.
As the legal process continues, the petitioners have been granted five days to file rejoinders to the government’s response. The bench has clarified that the May 5 hearing will be dedicated to addressing preliminary objections and issuing interim orders.
During the April 17 hearing, the Centre, represented by Solicitor General Tushar Mehta, assured the bench that it would neither denotify waqf properties nor make appointments to the central waqf council and boards until after the May 5 hearing. The Solicitor General stressed that the Waqf (Amendment) Act had been passed with thorough deliberation in Parliament and should not be stayed without due consideration of the government’s position.
In response, the Union Ministry of Minority Affairs submitted a 1,332-page affidavit defending the amended Waqf Act. The Ministry opposed any “blanket stay” by the Court, arguing that the law, passed by Parliament, carries the presumption of constitutionality. The Ministry further denounced what it referred to as a “mischievous false narrative” being propagated regarding certain provisions of the Act.
The Waqf (Amendment) Act, 2025, was recently notified after receiving the assent of President Droupadi Murmu on April 5. The Act had passed through a rigorous legislative process, with the Rajya Sabha approving it by a vote of 128 in favor and 95 against, while the Lok Sabha saw 288 members supporting it and 232 opposing.