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SC Declines Urgent Mentioning of Petitions Challenging Waqf (Amendment) Act, 2025

The Act, which received Presidential assent on April 5, had earlier passed through Parliament amid heated debates.

TIS Desk | New Delhi |

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The Supreme Court on Monday declined an oral request for urgent listing of petitions challenging the Waqf (Amendment) Act, 2025, advising petitioners to follow the formal process for urgent matters.

A bench led by Chief Justice of India Sanjiv Khanna refused senior advocate Kapil Sibal’s oral plea, stating, “Why are you mentioning when we have a system in place? Send a letter of urgency and that will be placed before me. I will do the needful.” Sibal clarified that a letter had already been emailed, prompting the CJI to say it would be reviewed in the afternoon.

Multiple petitions have been filed in the top court challenging the constitutional validity of the Act, alleging it discriminates against the Muslim community and infringes on their religious and fundamental rights.

The Act, which received Presidential assent on April 5, had earlier passed through Parliament amid heated debates. Critics argue that the amendments undermine the traditional autonomy of Waqf Boards, enable executive overreach, and impose stringent new requirements that threaten the existence of historical Waqf properties, especially those lacking formal documentation.

Key petitioners include:

  • Congress MP Mohammad Jawed, who also served on the Joint Parliamentary Committee for the Bill,
  • AIMIM MP Asaduddin Owaisi, who said the changes “irreversibly dilute” protections for Waqf properties,
  • AAP MLA Amanatullah Khan, who argued the Act curtails religious and cultural autonomy,
  • Maulana Arshad Madani of Jamiat Ulema-i-Hind,
  • Samastha Kerala Jamiatul Ulema, which warned the amendments distort the religious character of Waqf,
  • NGO Association for Protection of Civil Rights, which termed the Act an “alarming interference” into Islamic religious practices.

The Supreme Court is expected to take a call on the listing of these petitions following the due process.

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