The court said several provisions of the WAQF Act (Amendment) were beneficial, but few, including the breadth and scope of the “User WAQF” and the strength of non-Muslim members in the WAQF Council, needed clarification.
CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan’s benches question whether the center will include Muslims as part of the Hindu religious trust.
The bench expressed concern about the violence in the WAQF (Amendment) Act and released the matter for tomorrow.
The court proposed to pass an order that would declare the property of WAQF (including “the user’s WAQF)” would not be announced, and the center objected and requested a hearing.
The court further stated that no matter the faith, Ex-Officiio members can be appointed, but the other members must be Muslims. Several petitioners from political leaders to religious organizations raised serious concerns about the impact of legislation on property rights and religious freedom. The defense further challenged the effectiveness of the WAQF (Amendment) Act, 2025 constitution.
Call for the cancellation of key regulations
One of the famous petitions comes from advocate Hari Shankar Jain, who is known for his involvement in the Gyanvapi Mosque and Mathura Idgah cases.
Jain seeks complete scrapping of the WAQF Act of 1995 and several provisions in recent amendments. In his petition, he claimed that these parts were used as tools by the WAQF board of directors to “the property accumulated illegally” in India.
Jain specifically challenged six parts of the bill, believing that they enable Muslim entities to illegally claim land belonging to utilities, government agencies, samajs and Hindu temples.
Club petition request
Vishnu Shankar Jain, an advocate representing Jain, earlier urged the bench (by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar) to listen with other petitions challenging the amendment.
These include a petition from AIMIM President Asaduddin Owaisi, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights (APCR) (APCR), Arshad Madani, President of Darul Uloom Arshad Madani, Islamic organization Samatha Kerala Kerala Jamiachulla Jamiachululla Jamiachulul ulema, Advocate vocate Fazlurrahim.
RJD MP Manoj Kumar Jha also filed a petition, joining the chorus of voice, challenging the constitutional basis of the law.
