As Chief Justice of India (CJI) Sanjiv Khanna prepares to retire on May 13, the petitions challenging the Waqf (Amendment) Act, 2025, will be heard by the incoming CJI, BR Gavai. On Monday, a three-judge bench headed by CJI Khanna decided to list the petitions for hearing before Justice Gavai’s bench on May 15.

The petitions were initially scheduled for hearing before the bench of CJI Khanna, Justices Sanjay Kumar, and K.V. Viswanathan on Monday.

Upon reviewing the affidavits filed by the Centre and the petitioners, CJI Khanna remarked, “Yes, you (Centre) have raised a few points with regard to the registration part. And also you have given certain figures which are somewhat disputed by them (petitioners). That will require some consideration. There are certain aspects which you have dealt with…but…require some clarifications also.”

CJI Khanna continued, “There are two things which we must point out outright to you. One is, I don’t want to reserve any judgment or order even at an interim stage. And there is a reason for that. That is the second thing. That this matter will have to be heard on a reasonably early date and it will not be before me at least. So what I thought, as if you all agree, we post this before the bench of Justice Gavai…”

Solicitor General Tushar Mehta, representing the Centre, as well as senior advocates A.M. Singhvi, Kapil Sibal, and Rajeev Dhavan, appearing for the petitioners, all concurred with the suggestion, leading the bench to schedule the hearing for May 15.

Justice Gavai, who will take office as the 52nd Chief Justice of India, is set to serve until November 23, 2025.

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