Kochi (Kerala) [India], April 17 (ANI): Congress General Secretary KC Venugopal on Thursday said that the Supreme Court’s preliminary observations on the Waqf (Amendment) Act, 2025, validate the stand taken by the INDI alliance and the Congress Party.
Referring to the ongoing legal proceedings and remarks made by the top court, Venugopal said, “The stand taken by the INDI alliance and especially Congress Party has been totally justified by the preliminary observation of the Supreme Court.”
He added that the concerns raised by opposition parties during the debate on the Waqf Bill were related to violations of the Constitution.
“The speakers of INDI alliance during the debate on the Waqf Bill clearly emphasised the violation of Article 26. Through this bill, the government doesn’t listen to that voice,” he said.
Venugopal noted that although the Supreme Court’s remarks are not a final ruling, they support the opposition’s concerns.
“Now, Honourable Supreme Court, through their preliminary observation, it may not be a final judgment but through the preliminary observation clearly stated that the concern raised by the parliamentarians of IND alliance was relevant. In that way, this is a success for IND alliance.”
The Supreme Court is currently hearing several petitions that challenge the constitutional validity of the Waqf (Amendment) Act, 2025.
On Thursday, the Centre informed the court that certain provisions of the Act–including those related to de-notifying Waqf properties and making appointments to Waqf Boards–would not be implemented for now. The court will take up the matter again in early May.
A bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan recorded an assurance given by Solicitor General Tushar Mehta, who appeared for the Centre. He said that until the next hearing, Waqf properties–including those registered or declared as ‘Waqf by user’–will not be de-notified.
The Solicitor General also assured the court that no appointments will be made to the Waqf Council or Waqf Boards.
The Centre requested more time to respond to the petitions. The bench allowed one week for the Centre to file its response and gave the petitioners five days to file their rejoinder. The next hearing has been scheduled for the week starting May 5. The bench said the hearing would be limited to directions and interim orders, if needed.
During the hearing, Solicitor General Mehta urged the court not to stay the provisions of the Act. He said the law was passed after considering many suggestions and representations.
“Government is answerable to the people. The government received lakhs of representations. Villages are taken as Waqf, and many lands are claimed as Waqf. It is a considered piece of legislation,” Mehta said.
He added that staying the Act would be a “harsh step” and asked for a week to submit a reply and related documents. “This is not a matter that can be considered lightly,” he added.
In response, Chief Justice Khanna said that while the bench had noted some good parts of the law, it did not want the current situation to change drastically before the case is decided.
“Mr. Mehta, we have a particular situation. We pointed out certain infirmities. We also said there are some positive things. But we don’t want the situation prevailing today to change so drastically that it affects the rights of the parties,” the CJI stated.
He added: “There are provisions such as five years’ practice of Islam. We are not saying that. Yes, you are right. There is a thumb rule that courts don’t ordinarily stay legislation. But there is another thumb rule: when the petition is pending before the court, the situation prevailing should not change so that the rights of persons are not affected.”
The bench also ruled that no appointments to the Waqf Council or Boards can be made for now.
Solicitor General Mehta assured the court that if any state makes such appointments before the court’s final decision, they will be treated as void.
The bench also separated the cases filed by Hindu petitioners challenging earlier Waqf laws of 1995 and 2013, and renamed the main case as “In Re: Waqf Amendment Act.”
Earlier, the Supreme Court had hinted that it might stay certain provisions of the Act. These include the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, the powers of District Collectors to decide Waqf property disputes, and clauses related to de-notifying Waqf properties.
During the hearing, CJI Khanna questioned how properties declared as Waqf long ago could be reclassified under the new law. He expressed concern that the government may be trying to “rewrite history” through these amendments.
“The government cannot rewrite history through these changes brought in by the amendments to the Waqf law,” he said, referring to provisions allowing de-notification of properties declared as Waqf hundreds of years ago.
The court also raised concerns about the law’s effect on undocumented Waqf properties, such as those classified as ‘Waqf by user’, which make up a large portion of Waqf properties in India.
Several petitions have been filed in the Supreme Court against the Act, claiming it discriminates against the Muslim community and violates their fundamental rights. These petitions include those from individuals, Members of Parliament, and organisations like the All India Majlis-e-Ittehadul Muslimeen (AIMIM), the All India Muslim Personal Law Board (AIMPLB), and others. (ANI)
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