Supreme Court reserves interim orders in waqf case

The Supreme Court on Thursday reserved its interim orders after hearing the pleas challenging the validity of the Waqf (Amendment) Act, 2025.

The petitions were heard by a Bench of CJI BR Gavai and Justice AG Masih only for passing interim orders.

The top court had on April 17 deferred passing any interim orders in the matter after the Centre undertook not to make any appointments to waqf councils and waqf boards or de-notify existing waqf properties — including ‘waqf by user’ or ‘waqf by deed’ properties already declared by notification or gazetted.

The Bench has identified three key issues — Waqf by user, nomination of non-Muslims to the Waqf Council and state Waqf Boards, and identification of government land as Waqf property – for consideration at this stage for passing interim orders.

On behalf of the petitioners, senior advocate Kapil Sibal contended that an irreparable injury will be caused if the provisions were activated.

However, noting that there’s presumption of validity in favour of laws passed by Parliament, the Supreme Court had on Tuesday told petitioners that courts cannot step in unless there’s a clear and serious problem.

“There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there…we don’t need to say more,” the Bench had told Sibal.

On behalf of the Centre, Solicitor General Tushar Mehta has defended the 2025 amendment, saying it regulates only secular aspects of waqf administration

India