The Supreme Court has red-flagged the three integral aspects of the Waqf Act 2025 and suggested a stay for the same. The Centre, however, has told the court on Thursday that neither any appointments will be made to the Waqf Boards nor change the character of Waqfs, including the ‘waqf-by-user’. These are properties that are notified and registered as such until the next scheduled hearing on May 5.
Noted in an order by the three-judge bench, it was 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.”
Presided by the current Chief Justice of India, Sanjiv Khanna, this bench also took note of Tushar Mehta, the Solicitor General’s fervent assurance to negate the stay on the matter. Regarding the appeals to allow properties to operate as waqf he stated, “These questions are pertinent. But this is not a case where the court will consider the stay of the law.”
Until the next hearing on May 5, the Centre had also requested time to file an affidavit before the Apex court passes an interim order. The pause allows time for a justified stance by the Centre defying the criticism over its potential impact on property rights and religious autonomy.
The bench noted the Centre’s commitment to halt on de-notifying waqf properties or making further appointments while declaring a temporary halt. It is seen as a cautionary move to prevent irreversible changes before a constitutional scrutiny of the Waqf Act. With over a week to respond, the hearing will continue on May 5.