The Supreme Court of India on Thursday once again took up the hearing on the legal validity of the Waqf Act. During the proceedings, the Centre sought one week’s time to file its response regarding the Act. A bench comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan accepted this request. The Centre assured the court that, until the next hearing, no Waqf properties would be de-notified. The court has adjourned the case to May 5, 2025.
In a significant observation, the Supreme Court advised the Centre not to appoint non-Muslim members to the Waqf Council. Solicitor General Tushar Mehta appeared on behalf of the government and argued that the government remains accountable to the people. He pointed out that several villages and private properties had been listed as Waqf assets, which could affect the public.
On the matter of granting a stay on the interim provisions of the Act, Mehta said imposing a stay on a law is a serious step. He requested a week’s time to submit a preliminary response with documentation. He also assured the court that no appointments to the Waqf Board or Council would be made during this period.
Chief Justice Khanna responded, stating that the court does not intend to alter the current situation and is aware that the new provisions are applicable for five years. He clarified that the court does not plan to stay them as of now. Mehta reiterated the Centre's position, asking the court to hear their full argument, assuring no changes would occur in the meantime and that no appointments would be made.
The CJI then stated that no changes should take place until the next hearing. SG Mehta agreed, adding that any appointments made by any state would not be considered legally valid.
The Supreme Court recorded Mehta’s assurance, noting that no appointments would be made to the Waqf Board or Council until further orders. It also ordered that properties listed as Waqf—either claimed by users or notified officially—should not be de-notified during this period. The hearing has been postponed to May 5, with the court stating that the current status quo must be maintained.
Due to the large number of petitions filed in the case, the court noted that it's not feasible to consider all of them. It requested the lawyers to internally decide who would argue and stated that only five selected petitions would be heard for now.
