SC to consider listing fresh plea against provisions of 2025
SC to consider listing fresh plea against provisions of 2025 Waqf law
The Supreme Court on Tuesday agreed to consider listing a fresh plea challenging the constitutional validity of several provisions of the Waqf (Amendment) Act, 2025
NEW DELHI — The Supreme Court on Tuesday agreed to consider listing a fresh
plea challenging the constitutional validity of several provisions of the Waqf
(Amendment) Act, 2025.
A bench comprising Chief Justice Sanjiv Khanna and
Justice Sanjay Kumar took note of the submissions of advocate Vishnu Shankar
Jain that a fresh plea was filed and the same be listed for hearing.
"All matters where mentioning slips are given, we
give dates mostly within a week,” the CJI said.
As many as 10 petitions, including the one filed by AIMIM
leader Asaduddin Owaisi are already listed for hearing on April 16 before a
three-judge bench comprising the CJI and Justices Sanjay Kumar and K V
Viswanathan.
The fresh plea, mentioned by advocate Vishnu Shankar
Jain, was filed by Hari Shankar Jain and one Mani Munjal against the Union of
India, the Ministry of Minority Affairs, and the Central Waqf Council.
The plea challenges the constitutional validity of the
provisions of the Waqf Act, 1995 as amended by Waqf (Amendment) Act 2025 …as
those provisions violate Articles 14, 15, 21, 25,26,27 and 300A of the
Constitution of India as it creates an "imbalance and disharmony in the
Indian society" by offering "undue advantages" to the Muslim
community.
It said the Waqf Boards, through these legal provisions,
have gained excessive powers leading to large-scale occupation of government
and private lands across the country.
“It is relevant to mention that the public at large in
whole of the country is aggrieved from the illegal acts of taking deceitful or
forcible possession of the property of individuals and the public properties,
have filed more than 120 petitions in different high courts and the same are
pending for adjudication,” it said.
Referring to a 2025 parliamentary statement by the Union
home minister, it noted a "sharp increase" in Waqf-registered land
from 18 lakh acres in 2013 to 39 lakh acres in 2025.
The statement also highlighted concerns over discrepancies
in Waqf land records, particularly regarding the disappearance of leased
property data, the plea added.
The plea, as a result, sought a declaration that
non-Muslims should not be subject to provisions of the Waqf Act and a
directions to the Centre to recover "Gram Panchayat and other public
lands” recorded as Waqf.
It sought recognition of the right of non-Muslims to
challenge Waqf decisions in civil courts and striking off several provisions of
the amended law on the ground of being “unconstitutional”.
“It is relevant to mention that after partition in 1947 a
large number of Muslim residents migrated to Pakistan. A large number of Hindus
migrated to India from the newly-created territory of Pakistan leaving their
valuable properties and articles. Parliament enacted Administration of Evacuee
Property Act 1950 making provision to accommodate those migrants coming to
India from Pakistan,” it said.
The properties of Muslims who migrated to Pakistan vested
in the Government of India, it said.
“The religious character of the properties in possession
of Muslims who migrated to Pakistan lost its sanctity and same no longer
remained as Waqf or religious property. Therefore, the evacuee properties
cannot be considered religious properties and no part of it can be handed over
to Waqf boards,” it said.
The plea referred to Section 3(r) of the law which
included Shamlat Deh (Gram Panchayat land) within the definition of Waqf land.
It also challenged the validity of Sections 4, 6(1),
7(1), which allegedly do not provide adequate safeguards for public
participation or protection of non-Muslim interests.
The plea also challenged Section 8 mandating state
expenditure for Waqf land surveys and said this would amount to misuse of
public funds.
It also challenged the legality of Section 28 of the Act
which allows the Waqf Board to issue binding directions to district
magistrates.
The petition also challenged the validity of Section 108
of the Waqf Act (prior to its repeal in 2025), which allowed for the transfer
of Evacuee Properties—properties abandoned during Partition—to Waqf Boards.
The petition said this transfer was unconstitutional,
violated property rights of displaced Hindus, Sikhs, Jains, and Buddhists, and
called for the restoration of such properties with the Government.
