During a two-hour hearing on the constitutional validity of the Waqf (Amendment) Act, 2025, the Supreme Court expressed strong concern over the ongoing violence triggered by protests against the Act.
“One thing is very disturbing, the violence taking place. Once the matter is before the Court... this should not happen... we will decide,”
—Chief Justice of India Sanjiv Khanna
The remarks came after recent violent protests erupted in Murshidabad, West Bengal, where three people reportedly lost their lives. These incidents occurred amid increasing public outcry against the new amendments introduced in the Waqf Act.
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The bench hearing the case includes Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan. The Court is currently dealing with more than 70 petitions filed against the 2025 amendment. Among these, there is also a separate plea challenging the constitutionality of the original Waqf Act, 1995.
“This is the phenomenon that you can pressurise a system by violence,”
—Solicitor General of India Tushar Mehta
Responding to this statement, Senior Advocate Kapil Sibal, who opened the arguments in the court, replied:
“I don't know who is pressuring who.”
Other lawyers also urged everyone to maintain peace and avoid violence during this sensitive legal process. The Court stated that the hearing will continue at 2 PM tomorrow and asked all parties to also point out the "positive" aspects of the 2025 legislation.
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Among the first ten petitions listed for the hearing were those filed by:
- AIMIM MP Asaduddin Owaisi
- AAP MLA Amanatullah Khan (Delhi)
- Association for Protection of Civil Rights
- Jamiat Ulema-i-Hind President Arshad Madani
- Samastha Kerala Jamiatul Ulema
- Anjum Kadari
- Taiyyab Khan Salmani
- Mohammad Shafi
- Mohammad Fazlurrahim
- RJD MP Manoj Kumar Jha
Five BJP-led states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, and Maharashtra—have also filed intervention applications in support of the amendment.
The common objections raised across the petitions include:
- Removal of the 'waqf by user' provision
- Inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards
- Limiting women representation in the Councils and Boards to only two members
- Making it mandatory to be a practising Muslim for 5 years to create a waqf
- Dilution of waqf-alal-aulad (family waqf)
- Renaming the Waqf Act, 1995 as “Unified Waqf Management, Empowerment, Efficiency and Development”
- New conditions regarding the appeal process against Tribunal decisions
- Allowing the Government to intervene in disputes related to encroachment of government land
- Application of the Limitation Act to the Waqf Act
- Invalidating waqfs created over ASI-protected monuments
- Restrictions on establishing waqfs in scheduled areas
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“The judiciary is the forum where these matters will be decided. There is no space for violence once the issue is under judicial scrutiny,”
—observed the bench.
The case is being heard under the lead petition:
ASADUDDIN OWAISI v. UNION OF INDIA | W.P.(C) No. 269/2025 and others
The hearing is expected to continue as the Court listens to arguments from various stakeholders, aiming to decide the constitutional fate of the Waqf (Amendment) Act, 2025 in a lawful and peaceful manner.