SC: 'Supreme' hearing of the case related to Waqf law postponed, the next date fixed for May 15; Constitutional validity has been challenged
The supreme court has fixed the hearing on the petitions challenging the constitutional validity of the Waqf (Amendment) Act on May 15 before a bench headed by Justice BR Gavai. CJI Khanna, who is retiring on May 13, said that he does not want to reserve the order on the petitions challenging the validity of the law. He said that the matter should be heard properly before passing the order.
The supreme court has postponed the hearing on the petitions challenging the constitutional validity of the Waqf (Amendment) Act. The supreme court has scheduled the hearing of the case on May 15 before Justice BR Gavai. BR Gavai will be the next Chief Justice of the country. In such a situation, the petition will now be placed before him. Current CJI Justice sanjeev Khanna is retiring on May 13.
In the last hearing, the court had stayed two main aspects of the law. In the hearing on April 17, the bench of Chief Justice sanjeev Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan was assured by the Center that it would neither de-notify Waqf properties including Waqf by User nor make any appointment in the Central Waqf Council and Boards till May 5. The Center had also requested not to stop the law without hearing it. After this, the court fixed the date of the hearing as May 5.
'Do not want to reserve any decision or order in the interim stage'
As soon as the bench of Chief Justice sanjeev Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan sat for the hearing, the CJI said that there are some aspects that the Center considered, but they need to be clarified. I do not want to reserve any decision or order in this interim stage. This matter will have to be heard at the appropriate time and it will not be before me.
'Did not consider the counter affidavit very deeply'
The CJI said, 'We have not considered the counter affidavit very deeply. Yes, you have raised some points regarding registration (of Waqf properties) and given some disputed figures, which will require some consideration.' Solicitor General Tushar Mehta, appearing for the Center, hinted at the retirement of the CJI, saying, 'We like to talk to you (CJI), because every argument has an answer, but we cannot embarrass you, because there is no time. It is sad to remind you about your retirement. The CJI replied, 'No, no, I am waiting for it.
Waqf Act was notified last month.
The Center had notified the Waqf (Amendment) Act, 2025 last month. After this, it got the approval of President draupadi murmu on 5 April. The bill was passed by the lok sabha with the support of 288 MPs, while 232 MPs were against it. In the Rajya Sabha, 128 votes were cast in its favor and 95 against it. After this, many political parties like DMK, YSRCP, AIMIM, Left parties, many NGOs, Muslim bodies, and others approached the apex court challenging the validity of the Act.
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