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New Delhi, Apr 16: The Supreme Court on Wednesday postponed the hearing on petitions against the newly passed Waqf (Amendment) Act, 2025. The case will now continue on Thursday. Before ending the hearing, Chief Justice of India (CJI) Sanjiv Khanna expressed serious concern about reports of violence in West Bengal linked to protests against the new law.
“One thing is very disturbing — the violence that is taking place. If the matter is pending here, it should not happen,” he said.The Waqf (Amendment) Bill, 2025, was introduced and passed by Parliament earlier this year, with the ruling government claiming it would bring greater transparency and efficiency in the management of waqf properties.
The Bill was passed despite strong opposition from several parties and minority groups, who argued that it diluted the role of the Muslim community in managing religious endowments.Supporters of the Bill say it helps prevent land misuse, encroachments, and confusion over property titles. However, critics say the changes allow state governments to interfere more directly in religious affairs.
After being cleared by both Houses of Parliament, the Bill received Presidential assent, officially becoming law earlier this month.The case concerns this new law, which changes how waqf properties, land or buildings donated by Muslims for religious or charitable purposes, are governed. Several individuals and organisations have approached the Supreme Court saying the law violates constitutional rights, particularly the freedom of religion, and unfairly targets the Muslim community.
At the same time, six BJP-ruled states have filed petitions supporting the law, arguing it gives them more clarity and legal control over disputed lands.Court Raises ConcernsThe three-judge bench, led by CJI Khanna, said that if properties registered as waqf in the past are suddenly removed under the new law, it could have serious consequences. They also raised doubts about whether a Collector, a district-level government officer, should have the power to determine the status of waqf properties.
“The moment the Collector starts deciding, it stops being waqf. That’s not right,” remarked the CJI.There were heated exchanges in the courtroom about whether non-Muslims can be appointed to waqf boards.
Solicitor General (SG) Tushar Mehta, appearing for the Centre, clarified that no more than two non-Muslim members (excluding ex-officio ones like district officials) would be appointed. But the bench noted that the law itself does not clearly define such limits. At one point, when a lawyer seemed to imply that judges’ religious backgrounds might affect their rulings, the CJI firmly responded: “When we sit here, we lose our religion.
Both sides are the same for us.”Senior advocates like Kapil Sibal and Abhishek Manu Singhvi argued that the amended law removes previous protections for waqf properties and allows state interference. Sibal said, “This is a complete takeover.
Earlier, waqf boards had only Muslims. Now even Hindus can be part of them. How is this fair?”Another controversial provision requires a person to have practiced Islam for at least five years before they can create a waqf.
Senior Advocate Huzefa Ahmadi questioned the logic behind this, asking, “Will I be told that I’m not a Muslim because I don’t pray five times a day?” as reported by Bar and Bench.Another lawyer warned that allowing the government to decide the religious status of properties could eventually lead to interference in temples, churches, or gurudwaras as well as reported by Bar and Bench.Another key concern raised was over waqf by user, where land becomes waqf over time due to continued public use, often for mosques, graveyards, or religious gatherings.
The new law makes it harder to claim waqf status without official documentation, which is difficult to obtain for properties that have been used since the 14th or 15th century. “Where will the old sale deed be?” asked the CJI.SG Mehta argued that registration was always necessary, but the court pointed out that historical and informal practices were common and cannot be dismissed so easily.
The CJI said the Supreme Court might either continue hearing the case or assign it to a common High Court. “We can direct one High Court to hear it. That way, we also get the benefit of their judgment,” he said as reported by Bar and Bench.
There are now more than 70 petitions pending on this issue. The Supreme Court will decide whether to pause certain provisions of the law or wait until the final judgment. The hearing will continue on Thursday.
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