In a bid to streamline the ongoing legal battle over the Waqf (Amendment) Act 2025, the Supreme Court on Tuesday refused to entertain any fresh standalone petitions against the legislation. Instead, it directed all future concerns to be raised through applications in the already pending main case, which is slated for hearing next week. The decision, made by a bench led by Chief Justice of India Sanjiv Khanna, aims to prevent duplication and manage the growing volume of litigation around the controversial law.
Main case to absorb all legal challenges
The apex court is currently examining the constitutional validity of the Waqf Amendment Act 2025 through five primary cases previously shortlisted from an earlier batch of 70 petitions. These five cases, selected to cover the full spectrum of legal questions surrounding the Act, include those filed by Jamiat Ulama-i-Hind president Arshad Madani, AIMIM chief Asaduddin Owaisi, AIMPLB general secretary Mohammed Fazlurrahim, Manipur MLA Sheikh Noorul Hassan, and social worker Muhammad Jameel Merchant.
On Tuesday, the court was faced with 24 additional writ petitions seeking to challenge the Act. However, the bench made it clear that rather than admitting these new standalone cases, petitioners could instead submit fresh applications to the ongoing main matter. The court’s emphasis was on efficiency and avoiding an overflow of similar cases, with the CJI noting, “Don’t make the case records voluminous. This way cases will just keep piling up.”
Centre’s assurance and key concerns
During earlier hearings, the Centre had assured the court that no non-Muslim members would be appointed to the Central Waqf Council or state Waqf Boards, addressing one of the core concerns raised in the petitions. Additionally, the government pledged that the status of Waqf-by-user properties would not be altered under the amended Act.
Petitioners have argued that the new registration requirements under the law pose a risk to Waqf properties that have been in continuous use for generations without formal documentation. According to the affidavits submitted, these long-recognised properties now face potential de-notification. The Centre, defending the legislation, maintained that the Waqf bodies merely oversee secular administrative functions, and that the law does not interfere with the religious or spiritual essence of Waqf.
Senior advocate Kalyan Banerjee, representing Trinamool MP Derek O’Brien, also withdrew a petition on the same lines and agreed to file an application within the main case scheduled for May 5.
