Justice Gavai-led bench to hear petitions against Waqf Act
New Delhi, May 6 -- The Supreme Court on Monday adjourned till next week the hearings on petitions challenging the constitutional validity of the Waqf Amendment Act, 2025, as the bench headed by chief justice of India (CJI) Sanjiv Khanna cited inability to pass even an interim order due to his impending retirement on May 13.
The matter will now be listed before a bench headed by justice Bhushan R Gavai on May 15, a day after he takes oath as the CJI.
"I do not want to reserve a judgment or orders even at the interim stage. This matter will have to be heard reasonably on every date. It will not be before me," the bench headed by CJI Khanna said.
Commenting on the responses filed by the Centre and petitioners, the bench, also comprising justices Sanjay Kumar and KV Viswanathan, said, "You have raised valid points on registration of Waqf and given some figures also which have been disputed by petitioners. There are certain aspects that we have dealt with, but we need clarifications."
Noting that the exercise would become futile in view of the limited working days CJI Khanna has in office as CJI, the bench said, "We will post it before the bench of Justice Gavai for hearing on the interim and final order. I want to give him time to go through these documents."
Senior advocate Abhishek Manu Singhvi appearing for some of the petitioners remarked, "The court has got a quick way of getting rid of all of us." Senior advocate Kapil Sibal, appearing for Muslim parties, reminded the court that the assurances given by Centre should continue till the next date of hearing.
"We would have loved to persuade you as every contention has an answer. It's painful for us to remind ourselves of the date (of your retirement). We cannot embarrass you as there is no time," Solicitor General Tushar Mehta said.
It had refrained from passing any order and had kept the matter on May 5 to consider the aspect of any interim order. Meanwhile, it recorded the assurance given by Mehta on the status of waqf and inclusion of non-Muslims in Central Waqf Council and Waqf Boards.
These were the two contentious issues common to all petitions besides other aspects of challenge against the 2025 law. Mehta assured that no non-Muslim will be appointed to the Council or Boards and if a state makes any appointments, the same shall be deemed to be void. Further, he assured that 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 status be changed....
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