Supreme Court might consider interim stay on parts of Waqf Act; hearing today

NEW DELHI: The Supreme Court is likely to pass an interim order on Thursday concerning the recently enacted Waqf (Amendment) Act, 2025, following petitions filed by multiple parties, both supporting and opposing the contentious legislation.

On Wednesday, following a two-hour-long hearing, the apex court indicated that it may stay certain key provisions of the Act, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, powers of Collectors on deciding disputes over Waqf properties and provisions on de-notifying properties declared as Waqf by courts.The top court was about to dictate the order, but Solicitor General Tushar Mehta, representing the Centre, and other counsels who were appearing for parties defending the Act said they should be heard before passing the interim order.A three-judge bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan continues hearing the case at 2 pm today.During the hearing yesterday, the bench had said that it was considering passing an interim order that would balance equities.“We will say that whichever properties have been declared by the court to be Waqf or held to be Waqf will not be de-notified as Waqfs or be treated as non-Waqf properties, whether they are by Waqf-by-user or waqf-by-declaration or otherwise… declared by courts or otherwise also,” the bench had said.“Second, Collector can continue with proceedings, but the proviso will not be given effect to. If he wants, he can move an application before this court, and we can modify it. Third, as far as the constitution of the Board and Council is concerned, ex officio members can be appointed, regardless of their faith, but the other members should be Muslims,” the CJI had added.