By The Sampadak Express
Chief Justice of India Sanjiv Khanna on Monday stepped away from hearing a clutch of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025, citing his imminent retirement on May 13. Consequently, the Supreme Court adjourned the matter to May 15, when it will be taken up by a bench led by Justice B.R. Gavai, who is set to assume charge as the next Chief Justice.“
I do not want to reserve a judgment or pass even interim orders. This matter needs a detailed and consistent hearing,” CJI Khanna said while adjourning the hearing.
The bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, noted the submissions made by both the Centre and the petitioners and acknowledged the need for further clarifications. However, it decided not to proceed further due to limited time available before CJI Khanna’s retirement.
The petitions challenge key provisions of the 2025 amendment, particularly the inclusion of non-Muslims in Waqf Boards and the Central Waqf Council, and the potential impact on undocumented waqf properties. During the earlier hearing on April 17, the Supreme Court had directed the Centre to file its response, which was submitted ahead of Monday’s proceedings.
Senior advocate Abhishek Manu Singhvi, representing some petitioners, expressed frustration over the adjournment, remarking, “The court has got a quick way of getting rid of all of us.”
Appearing for the Muslim parties, senior advocate Kapil Sibal urged that the government’s previous assurances be maintained until the next hearing. Solicitor General Tushar Mehta, representing the Centre, reiterated that no non Muslim will be appointed to any Waqf board or council, and if any state attempts such appointments, they will be deemed void.
Mehta also assured that no waqf property declared by registration or usage would be de notified or have its status altered until the case is heard.
The Centre defended the 2025 law by citing alleged misuse of earlier Waqf Acts (1995 and 2013), claiming a 116% increase in waqf properties due to alleged encroachments. Petitioners, including the All India Muslim Personal Law Board (AIMPLB), challenged this statistic, arguing it was based on data from the WAMSI portal, which merely reflects updated registration of longstanding waqf assets, not new additions.
The Centre further justified inclusion of non-Muslims by distinguishing between the religious and administrative aspects of waqf, emphasizing that the law does not interfere with religious practices. The petitioners, however, argued that similar charitable roles exist in Hindu endowments without cross-religious appointments.
To streamline the process, the Supreme Court has asked petitioners to nominate five lead cases under the consolidated title In Re: Waqf Amendment Act 2025. These include petitions by Jamiat Ulama-i-Hind president Arshad Madani, AIMPLB general secretary Mohammed Fazlurrahim, social worker Muhammad Jameel Merchant, Manipur MLA Sheikh Noorul Hassan, and AIMIM chief Asaduddin Owaisi.
The hearing on both interim relief and final arguments will resume on May 15 under the new CJI-led bench.
