CJI-led three-judge Bench to hear pleas challenging validity of Waqf Amendment Act on April 16

The cause-list for cases listed for hearing on April 16 uploaded on the Supreme Court’s website showed 10 petitions, including those filed by AIMIM leader Asaduddin Owaisi and Jamiat Ulama-i-Hind president Arshad Madani, listed before a Bench of CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan.

The other petitioners were RJD MP Manoj Jha and another, AAP MLA in Delhi Amanatullah Khan, Association for Protection of Civil Rights, Samastha Kerala Jamiyyathul Ulama and another, Taiyyab Khan Salmani, Anjum Kadari, Mohammad Shafi and another and Mohammad Fazalurrahim and another.

All these petitions are listed as item No. 13 for hearing.

Madani has urged the top court to stay the operation of the Waqf (Amendment) Act, 2025.

As several Opposition leaders and Muslim organisations challenged the constitutional validity of the Waqf (Amendment) Act, 2025, and sought a stay the operation of the amendment, the Centre has already filed a caveat in the Supreme Court to pre-empt the possibility of any ex-parte order staying the operation of the amended law.

By filing a caveat in a court, a litigant urges the court to be heard before an order is passed on the petition filed by the other side.

Passed by the Rajya Sabha during the wee hours of April 4 with 128 members voting in favour and 95 opposing it, the Waqf (Amendment) Bill, 2025, received President Murmu’s assent on April 5. The Lok Sabha passed the Bill on April 3 ,with 288 members supporting it and 232 against it. The Centre notified it on April 8.

Under the amended law only self-owned resources can be declared as Waqf after ensuring the inheritance rights of women and children and the DC will determine that land being donated by a Muslim is actually in his ownership. It also empowers state governments to nominate members, including representatives from backward classes and both Shia and Sunni communities to Waqf boards.

However, alleging that “This Bill is a dangerous conspiracy to strip Muslims of their religious freedom,” Jamiat urged the top court to prevent the law from coming into effect. It’s a “direct attack on the country’s Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom”, Jamiat contended.

The DMK has also filed a petition against the amendment through its party Deputy General Secretary and Lok Sabha MP A. Raja, who was also a member of the Joint Parliamentary Committee on the Waqf Amendment Bill. Haryana Congress MLA Aftab Ahmad has also filed a petition against the amendment.

Congress MP Mohammad Jawed was the first one to approach the Supreme Court against the amendment. Jawed—a Lok Sabha MP from Kishanganj, Bihar—alleged that the amended law imposed “arbitrary restrictions” on Waqf properties and their management, undermining the religious autonomy of the Muslim community.

Owaisi contended that the Bill took away various protections accorded to Waqfs and Hindu, Jain, and Sikh religious and charitable endowments alike and discriminated against Muslims.

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