Supreme Court Reserves Order On Plea For Stay Of Waqf Act

The Supreme Court on Thursday (22 May) reserved its judgment on the plea seeking an interim stay on the Waqf (Amendment) Act, 2025.

The Bench comprising Chief Justice BR Gavai and Justice AG Masih concluded three days of extensive hearings before reserving its decision.

As with the previous day, Solicitor General Tushar Mehta continued to defend several key provisions of the amended law during today’s hearing, as reported by Bar&Bench.

Addressing the requirement of a five year practice of Islam to be eligible to create a waqf, he said, "Creating a waqf is different than donating to a waqf. This is why 5 years practice requirement for Muslims.. so that waqf is not used for defrauding someone. So suppose I am a Hindu and I want to donate for waqf, then donation can be made to a waqf. How can a non Muslim be allowed to create a waqf. He can always donate to a waqf."

Mehta also raised concerns about the alleged misuse of the waqf designation in tribal areas.

"Yes there are pleas by tribal organisations saying that they are being victimised and that there lands are being grabbed as waqf. It is not atrociously unconstitutional," he said.

He added that a declaration of one’s religious identity is a standard requirement under existing personal laws.

"If you see the Shariah Act, if a Muslim wants to take benefit of personal law application then also a declaration as a Muslim is needed. Same thing is here. Same declaration is being sought."

Responding to SG Mehta’s argument yesterday (21 May) that Section 3C only alters revenue records, Senior Advocate Kapil Sibal representing the petitioners retorted that waqf-by-user properties lose recognition without due adjudication, even if registered, if ownership is disputed or involves government land.

Senior Advocate Rajeev Dhavan countered the SG's argument that Waqf was not an essential religious practice saying that it was contrary to the JPC's report and the Union's own counter asserting that charity is integral to Islamic faith. "No outside authority has any right to say that these are not essential parts of right," Dhavan said.

Senior Advocate Gopal Sankaranarayanan urged the court to first settle whether waqf qualifies as an "essential religious practice", saying the matter must be referred to a nine-judge Bench.

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