Petitions challenging the Waqf Amendment Act 2025 were urgently mentioned before the Supreme Court of India today, with the petitioners seeking immediate listing of their cases. These legal challenges were brought to the notice of the Chief Justice of India (CJI) Sanjiv Khanna, highlighting the seriousness and urgency of the matter.
“All the urgent matters... will be placed before me in the afternoon. Why are you mentioning when we have a system in place?” – Chief Justice Sanjiv Khanna
Senior Advocate Kapil Sibal appeared on behalf of Maulana Arshad Madani, the President of Jamiat Ulema-i-Hind, a well-known Islamic clerics’ organization. Sibal informed the Chief Justice that they had already sent a letter requesting urgent listing of the case.
Read Also:- Kerala Muslim Clerics Move Supreme Court Against Waqf Amendment Act 2025: Fear Loss of Community Properties
In response, CJI Khanna reminded him that there was a formal system in place for such requests through email and mentioning letters. Once Sibal confirmed that a mentioning letter had indeed been submitted, CJI assured that the request would be examined later in the afternoon.
“It will be placed before me in the afternoon, I will do the needful,” said the Chief Justice.
Advocate Nizam Pasha also mentioned a petition filed by Lok Sabha Member Asaduddin Owaisi, adding to the urgency of the matter.
In addition to these, the Samastha Kerala Jamiatul Ulema, a prominent Sunni scholars’ body from Kerala, also filed a writ petition against the Act on April 6, 2025.
The Waqf Amendment Act 2025 had earlier received Presidential Assent on April 5, shortly after it was passed by the Parliament on April 4, following only a few hours of discussion.
Before the Act received the President’s approval, three separate petitions had already been filed challenging the proposed legislation. These were submitted by:
- Amanatullah Khan, Member of Delhi Legislative Assembly and Aam Aadmi Party leader
- Mohammad Jawed, Congress Member of Parliament
- Association for Protection of Civil Rights, an NGO working on civil liberties
The petition filed by Advocate Fuzail Ahmad Ayyubi on behalf of Maulana Arshad Madani strongly challenges several provisions of the amended Act, arguing that they are unconstitutional and could harm the structure of waqf administration in India.
One of the key demands in the petition is an interim order directing the Union Government to defer the implementation of the Act through a notification under Section 1(2). The petition states that the new law, once operational, could severely impact waqf properties—particularly due to the strict deadlines for uploading details to the Waqf Portal and National Database.
“The legislation threatens the very existence of numerous waqf properties, especially those created without formal written deeds or by oral dedication,” the petition states.
The petition also criticizes the removal of the concept of 'waqf by user,' which has been a long-standing rule of evidence in India’s waqf jurisprudence. This concept had even been recognized by the Supreme Court in the Ramjanmabhumi-Babri Masjid judgment.
Read Also:- Congress MP Moves Supreme Court Against Waqf Amendment Bill 2025, Alleging Bias Against Muslim Community
By removing this principle, the law is seen as ignoring the real-life practices of Islamic charity, especially in the case of mosques, graveyards, and other community assets that have historically existed without formal legal documentation.
Objection to New Sections 3D and 3E
The petition also targets Sections 3D and 3E, introduced during the Lok Sabha debate on April 2 by Union Minister Kiren Rijiju. These provisions declare that:
- No waqf can be declared over properties protected by the Archaeological Survey of India (ASI)
- No waqf can be created over properties owned by Scheduled Tribes
The petition argues that these changes further restrict the community’s religious rights and limit waqf creation, regardless of historical or cultural context.
Another major concern raised in the petition is the recomposition of the Central Waqf Council and State Waqf Boards. The amendment reportedly removes the previous requirement for these bodies to have a Muslim-majority membership, including for the Chief Executive Officer (CEO).
This, according to the petition, represents unconstitutional interference in the community’s right to manage its own religious and charitable affairs. It argues that a non-Muslim majority in such governing bodies would compromise their understanding and handling of waqf-related matters.
“Removing the requirement for Muslim leadership in waqf boards interferes with religious autonomy,” the petition states.
