‘Concerned over Violence’ : SC on Waqf Protests

The Supreme Court on Wednesday expressed serious concern over the violence erupting during protests against the newly enacted Waqf (Amendment) Act, 2025, even as it continued to hear multiple petitions challenging the constitutional validity of the legislation.

“One thing that is very disturbing is the violence which is taking place. Once the matter is before court, it should not happen,” remarked a bench headed by Chief Justice of India Sanjiv Khanna.

The bench, also comprising Justices Sanjay Kumar and KV Viswanathan, is currently hearing arguments made by petitioners, including senior advocate Kapil Sibal, and will continue the proceedings on Thursday at 2 pm, including considering the Union government’s submissions on passing an interim order.

Key Observations & Possible Interim Relief

During the hearing, the top court indicated it may pass an interim order stating that properties already declared as waqf by court orders or otherwise should not be de-notified under the new amendments.

The court also proposed that the provision in the amendment—which stipulates that a waqf property would not be treated as such while the District Collector conducts an inquiry to determine if it is government land—should not be given effect to.

Furthermore, the bench said it intended to pass an order ensuring that all members of Waqf Boards and the Central Waqf Council, except ex-officio members, must be Muslims.

Govt Seeks Time

However, Solicitor General Tushar Mehta opposed any interim orders and requested that the government be granted a proper hearing before any direction is issued. He assured the court that the Union government would respond within two weeks if a notice is issued and also suggested day-to-day hearings.

Procedural Question: SC or HC?

At the outset, the court raised a crucial procedural question:
“Should we entertain these writ petitions directly, or should the matter be relegated to the high courts?”

The bench sought responses from both sides on whether the Supreme Court should adjudicate the matter or refer it to state high courts, given the federal implications and multiplicity of petitions.

Challenge to Amendments

The Waqf (Amendment) Act, 2025, which modifies the Waqf Act, 1995, was passed by Parliament in the first week of April and received Presidential assent soon after. It has since been challenged in the Supreme Court by multiple petitioners, including:

• Congress MP Mohammad Jawed, who argued that the amendments violate Articles 14, 25, 26, 29, and 300A of the Constitution.
• AIMIM chief Asaduddin Owaisi, who in his petition described the amendments as “manifestly arbitrary” and violative of Articles 14, 15, 21, 25, 26, 29, 30, and 300A.
• Political leaders and civil rights organizations including Amanatullah Khan (AAP), Maulana Arshad Madani (Jamiat Ulema-i-Hind), All India Muslim Personal Law Board (AIMPLB), SDPI, and the Indian Union Muslim League.

Petitioners argue that the new law undermines the rights of religious minorities, infringes on the autonomy of waqf institutions, and could lead to the de-notification or takeover of waqf properties by the state.

Govt’s Stand & Political Backdrop

The Union government, which has filed a caveat to ensure it is heard before any stay order is issued, maintains that the amendments aim to benefit poor Muslims and bring transparency to waqf property management.

Minority Affairs Minister Kiren Rijiju has said the legislation does not interfere with religious rights and is in line with the government’s motto of “Sabka Saath, Sabka Vikas.”

On the other hand, Congress and other opposition parties have accused the government of attempting to undermine minority rights and polarize communities.

BJP-Ruled States Defend the Act

Several BJP-ruled states—including Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, and Uttarakhand—have filed applications in the Supreme Court supporting the amendments and seeking to defend the Act.

What Is Waqf?

The concept of waqf, rooted in Islamic law, refers to a charitable or religious endowment made by Muslims. Waqf properties typically include mosques, schools, hospitals, and other public utilities. The management and protection of such assets have traditionally been overseen by Waqf Boards constituted under the 1995 Act.

As the Supreme Court continues hearing arguments, the outcome of this case is expected to have far-reaching implications on the balance between state regulation and religious freedoms in India.

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