New Delhi, Apr 17: The Centre on Thursday assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and provisions on de-notifying Waqf properties, will not be given effect to for some time.
A bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan recorded the assurance given by Solicitor General Tushar Mehta, appearing for the Centre, to the apex court that, until the next date of hearing, Waqf properties, including 'Waqf by user', which are declared by notification or registered, will not be de-notified.
Furthermore, the Solicitor General assured the court that no appointments will be made to the Waqf Council or Waqf boards.
The Centre also sought additional time to file a response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The bench granted a week's time for the Centre to submit a response, and petitioners will be allowed to file their rejoinder within five days thereafter.
The matter has been posted for hearing in the week commencing May 5. "The hearing on the next date will only be for directions and interim orders, if any," the bench added.
During the hearing, Solicitor General Mehta urged the bench not to stay the provisions of the Act, saying that the law was enacted after considering many representations and suggestions.
"Government is answerable to the people. The government received lakhs of representations. Villages are taken as Waqf, and many lands are claimed as Waqf. It is a considered piece of legislation," Mehta said.
He added that staying the Act would be a "harsh step" and requested a week to file a preliminary reply along with relevant documents before the court. "This is not a matter that can be considered lightly," he said.
In response, Chief Justice Khanna noted that the bench had already identified some positive aspects of the law but expressed concern over changing the status quo drastically, which could affect the rights of the parties involved.
"Mr. Mehta, we have a particular situation. We pointed out certain infirmities. We also said there are some positive things. But we don't want the situation prevailing today to change so drastically that it affects the rights of the parties," the CJI stated. "There are provisions such as five years' practice of Islam. We are not saying that. Yes, you are right. There is a thumb rule that courts don't ordinarily stay legislation. But there is another thumb rule: when the petition is pending before the court, the situation prevailing should not change so that the rights of persons are not affected."
(ANI)

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