Waqf Amendment Act Hearing: SC Reserves The Case, Centre Argues Waqf Bar On Tribal Muslims A Protective Safeguard

A bench of CJI BR Gavai and Justice AG Masih will consider the pleas for interim orders today.

Solicitor General Tushar Mehta in yesterday's hearing argued that the government is the custodian of the property of 140 crore citizens and it is the duty of the state to ensure that public property is not misused illegally.

"A false narrative is created that they will have to provide documents, or Waqf is captured en masse."

Read top points from May 21 hearing: 'Waqf Not An Essential Practice Of Islam'

SG Mehta yesterday asked the bench to confine the hearing on three issues: the power to de-notify properties declared as waqf by courts, waqf by user or waqf by deed; the composition of state waqf boards and Central Waqf Council; a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.

May 22, Thursday's hearing on Waqf Amendment Act begins. SG Mehta appearing for the government, starts his arguments. 

SG Mehta argues that since Joint Parliamentary Committee report mentions that tribal Muslims have a distinct cultural identity, that translates into removing of waqf status of their land.

Justice A.G. Masih says, "Does not appear to be correct. Islam is Islam! Religion is the same..you projected, someone by misrepresentation taken land and it is void, it in itself will go"

- Live Law

SG Mehta speaks of the now-deleted Section 104 of the 2013 Waqf Act did not deprive non-Muslims of donating to waqf, but it allowed them to create waqf, which opened the door to misuse.

However, Justice Masih says, "it says no immovable property can be donated how does it cover you?"

- Live Law

SG Mehta argues that restrictions are crucial to stop misuse, and drew a parallel between waqf regulations and existing protections on tribal land. He argued that with the absence of such regulations, anyone could become a mutawalli (manager of waqf property) and use waqf for their benefit.

SG Mehta mentions that no tribal groups or individuals have challenged the Waqf (Amendment) Act 2025. However, Sr Adv Huzefa Ahmadi says some petitions actually support the law.

"If one person does not like it,he does not represent the entire community ,"says SG Mehta, to which Sr Adv Ahmadi said, "there are petitions from the tribal community."

- Live Law

SG Mehta mentioned petitions on essential religious practice from the 1995 Act which he does not represent, to which CJI said "we will not listen, we will not entertain petitions challenging."

-Live Law

Appearing for the State of Rajasthan, Sr. Adv. Rajeev Dwivedi argued that 'waqf by user' concept is not incorporated in Islam's core religious practice.
He cites three judgments which referenced in the Ram Janmabhoomi case,
Dwivedi also points to a Privy Council ruling, stressing that this concept was a colonial-era innovation.

Sr Adv Dwivedi said that after India's Independence, the 'waqf by user' idea was expanded further by 1954 statutory recognition given to all religious and charitable purposes - not just Islamic ones.

In the 1995 Waqf Act, the government did away with the limitation period completely, meaning older claims could now be made indefinitely.

"In 1995 Act, they did away with limitation- some reference by petitioners that it will impact Places of Worship Act- look in the place of Worship Act things are freezed, but here with waqf by user they continuously expanded" he said.

-Live Law

The Waqf Amendment Act 2025 hearing in the Supreme Court will resume post lunch at 2:00PM.

Is this Act aimed at initiating a reform process within the numerous unwieldy Waqf boards, or is it a move to weaken their power?

Read more about The Curious Case Of Waqf.

Tanvir Aeijaz writes about how the Waqf Act, 2025, de-institutionalised the minority rights which were enshrined in the Indian Constitution and instead panders to the “majoritarianism”. Read at Waqf Amendment Act: State Oversight Vs Minority Rights.

The concept and practices of auqaf, which is the plural of waqf, are 1,400 years old. Waqf derives its name from the Arabic word ‘waqufa’, meaning to hold, detain, or tie up.

Its genesis lies in the times of the Prophet Muhammad (PBUH) or even earlier. Over time,  it crystallised into the idea of the ownership and proprietorship of none other than Allah himself of the waqf properties—lands, immovable or movable. 

Dr. Syed Mahmood Akhter writes, read The Battle Over Waqf

The Waqf hearing in the Supreme Court starts, Kapil Sibal presents the case.

- The Hindu

Speaking about Section 3C of the 2025 Act, Sibal says that according to the provision, Waqf status of the land will be suspended as soon as the District Officer begins the inquiry into whether the land is government owned or not, even before the adjudication.

- The Hindu

Sibal says that the law is determined by the text of the statute, not the counter-affidavit.

He says, the District Officer's inquiry's conclusion can irreversibly change the status of the land. A burial ground is Waqf property for a 100 years. Burial is an essential part of Islam, and then the government can suddenly say the burial ground belongs to them, he added.

"community goes to the gov and says we need a burial ground, gov itself allots it. its used for 200 years, and after 200 years if they say limitation applies for commercial purpose...once it is used for burial, its for religious purpose"

-Live Law

Sibal made the case that original bill did not have 3D as annexed from Joint Parliamentary Committee's report.

"So what was rejected by JPC, was included in the Bill on the day of voting. Section 3D and Section 3E (bar on tribal persons from creating Waqfs) were introduced like this", Sibal says.

Section 3D states that once a Waqf property is declared an ancient monument, the Waqif (donor)'s ownership rights over it cease to exist.

“Can the Archaeological Survey of India claim title? This is about ownership,” Sibal asked.

- The Hindu

"Union argues that charity is one by all and belongs to none, its wrong because its tenet of Islam," he said.

CJI says that charity is integral to all religion to which Sibal responded, "but its not a charity to god, once a waqf always a waqf."

-Live Law

Senior advocate Rajeev Dhavan says, "waqf is a institution close to the heart of the Muslim community...we may notice that waqf is thus interwoven with entire life and social economic of musalman"

- Live Law

Singhvi argued that any religious act says a person professing this faith. There is no act saying Muslim professing faith for 5 years.. this is a reverse burden of proof. I am the only faith asked to do this. Direct hit on Article 15. First of such ground is religion. No other religion is asked to prove this contrivance reverse test.

- Bar and Bench

The court reserves the case for interim stay of Waqf (Amendment) Act, 2025 for orders. Bench rises for the day.

- The Hindu