New Delhi: Commencing the hearing on a clutch of petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025, the Supreme Court on Wednesday proposed to pass an interim order that the properties declared as Waqf, including ‘waqf by user,’ will not be denotified. The Centre opposed the suggestion and sought a hearing before such a directive.Taking note of the provision-wise objections to the Waqf Act and expressing reservations on several aspects of the law, including the inclusion of non-Muslims in the Central Waqf Council and state Waqf boards, the CJI Sanjiv Khanna proposed to issue the notice and to pass an interim order, saying it will “balance the equities.” Observing that some provisions could have “grave ramifications,” particularly those that potentially undermine judicially recognised waqf properties, the Chief Justice of India proposed the order.“The properties declared as waqfs by the courts should not be denotified, whether they are by ‘waqf by user’ or ‘waqf by deed’ while the court is hearing the challenge to the Waqf Amendment Act 2025,” the CJI proposed.The bench also hinted at staying a provision of the amended law, which says a waqf property will not be treated as waqf during the inquiry of the collector to decide if the property is a government land.The top court also objected to empowering district collectors to adjudicate disputes related to waqf properties and the provisions allowing denotification of properties declared as waqf by competent courts.“Ordinarily, courts do not interfere at the admission stage when a law is passed. But this case may warrant an exception. If a property declared as waqf-by-user is denotified, it can have grave ramifications,” the CJI said.The apex court, which will continue hearing the matter on Thursday, also asked the Centre whether it was willing to allow Muslims to be part of Hindu religious trusts. The top court also expressed concern over the violence that followed the law’s enactment, calling it “very disturbing.”A bench comprising the CJI and Justices Sanjay Kumar and K.V. Viswanathan said, “The properties declared by courts as waqfs should not be denotified as waqfs.”
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