The Centre has assured the Supreme Court that it will neither denotify Waqf properties, including “Waqf by user”, nor make any appointments to the central Waqf council and boards till May 5.
The assurance of solicitor general Tushar Mehta came when he informed a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan that the Waqf law was passed by Parliament with “due deliberations” and it should not be stayed without hearing the government.
According to PTI, The Centre also strongly opposed the apex court’s proposal to pass an interim order against the denotification of Waqf properties, including ‘Waqf by user’, aside from staying a provision allowing the inclusion of non-Muslims in the central Waqf councils and boards.
“During the course of hearing, the solicitor general states that the respondent (Union of India) would like to put in a short response within seven days. He further states and assures that till the next date of hearing, no appointments will be made to the council and boards under sections 9 and 14 (of the Act),” the bench said.
The bench noted that Mehta, appearing for the Centre, has also said that till the next date of hearing, Waqf properties, including ‘Waqf by user’ already registered or declared by way of notification, shall not be disturbed and denotified.
The bench then granted a week’s time to the Centre to file a preliminary response to the pleas challenging the validity of the contentious Waqf (Amendment) Act, 2025 and posted the matter on May 5.
“If your lordships will say something about ‘Waqf by user’, what will be the fallout?” Mehta said.
He added, “We, as a government, and Parliament, are answerable to the people.”
The CJI said if the registration of any Waqf property had taken place under the erstwhile 1995 Act, then those properties can’t be denotified till further hearing.
The apex court, while hearing the matter on Wednesday, proposed to stay certain key provisions of the Act, including the power to denotify properties declared as Waqf by courts and inclusion of non-Muslims in central Waqf council and boards.
On Thursday, Mehta asked whether the court might consider staying, directly or indirectly, the Act based upon some prima facie or tentative reading of some of the sections.
“If your lordships are going to stay a statutory provision,” Mehta said, “it by itself is rare. We will have to take your lordships to the history of legislation, followed by amendment.”
He said the government received several representations, which ultimately resulted into the amended Act.
