Waqf case: SC asks Centre if Muslims can be allowed in Hindu religious trusts
The Supreme Court on Wednesday began hearing on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A Bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan outlined two aspects.
“There are two aspects we want to ask both the sides to address. First, whether we should entertain or relegate it to the high court? Second, point out in brief what you are really urging and wanting to argue?" the CJI said.
“The second point may help us in deciding the first issue to some extent," the CJI added.
The Supreme Court also asked the Centre whether it is willing to allow Muslims to be part of Hindu religious trusts.
The hearing is under way.
Earlier, senior advocate Kapil Sibal, appearing for the petitioners’ side, said he challenges the provision that says only Muslims can create waqf. “How can government say only those who are practicing Islam for last 5 years can create waqf?” Sibal asked.
“How can state decide whether, and how I am a Muslim or not and hence, eligible to create waqf? he asked.
Meanwhile, senior counsel Abhishek Singhvi said the Waqf Act will have all India ramifications and pleas should not be referred to high court.
CJI Khanna said one high court may be asked to deal with the pleas. “We are not saying there is any bar on SC in hearing, deciding pleas against the law,” the CJI said.
The CJI said he was not hearing any arguments on aspect of staying the law.
Senior advocate for a litigant, Huzefa Ahmadi said waqf by user is established practice of Islam and it cannot be taken away.
The Centre, however, said that there was constitution of joint parliamentary committee and elaborate exercise was undertaken.
Solicitor general Tushar Mehta said the JPC had 38 sittings and examined 98.2 lakh memorandums before Parliament’s both Houses passed it.
The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.
As many as 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), and Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been filed challenging the validity of the Act.
The Centre, on April 8, filed a caveat in the apex court and sought a hearing before any order was passed in the matter.
A caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.
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