NEW DELHI, Apr 18: A day after the Supreme Court (SC) red-flagged three key aspects of the Waqf Act, 2025 and suggested it could stay them, the Centre told the court on Thursday that it would neither make any appointments to Waqf Boards nor change the character of waqfs, including 'waqf-by-user' that are notified and registered as such until the next hearing on May 5.
Taking on record this assurance by Solicitor General Tushar Mehta, a three-judge bench presided by Chief Justice of India Sanjiv Khanna noted in its order: "It is also stated that till the next date of hearing, no waqf, including a waqf-by-user, whether declared by way of notification or by way of registration, shall be de-notified, nor will their character or status be changed."
On appointment of non-Muslims to waqf boards, the SC took note of Mehta's assurance that "till the next date of hearing, no appointments would be made to the Central Waqf Council and the Waqf Boards" by the Centre and if any state "makes any such appointment(s), the same may be declared void."
With the Centre requesting a week to file an affidavit before the SC passes an interim order, the three-judge bench, also comprising Justices Sanjay Kumar and K V Viswanathan, deferred the cases challenging the constitutional validity of the Act to May 5. CJI Khanna retires on May 13.
"We clarify that the hearing fixed on the next date will be a preliminary hearing and, if required, interim orders will be passed," the order stated.
The Centre had opposed the Supreme Court's proposal to pass an interim order against the denotification of waqf properties, including 'waqf-by-user', aside from staying a provision allowing the inclusion of non-Muslims in the Central Waqf Councils and Boards.
The court granted the Union of India, the state governments and the Waqf Boards seven days to file their preliminary reply/response to the writ petitions. It also directed that a rejoinder affidavit to the reply/response of the respondents may be filed within five days from the date of its service.
The SC had Wednesday indicated that it may stay some of the provisions of the amended Act including those related to waqf-by-user, inclusion of non-Muslims in the Waqf Boards and Council and the powers of the Collector to change the status of disputed waqf lands. �"TIE
