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"Normal procedure that court adopts": Former Law Minister Ashwani Kumar on SC's observation on Waqf

Meanwhile, the Supreme court, while hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on Thursday, recorded assurances from the Solicitor General, representing the Centre, that no appointments would be made to the Waqf Boards or Councils, and Waqf properties will not be de-notified until the next hearing.

ANI Apr 18, 2025 08:30 IST googleads

Former Law Minister Ashwani Kumar (Photo/ANI)

New Delhi [India], April 18 (ANI): Former Law Minister Ashwani Kumar reacted to the Supreme Court's interim order regarding the Waqf (Amendment) Act, calling it a "normal procedure" adopted by the court while hearing important matters.
Kumar told ANI, "This is a normal procedure that the court, hearing an important matter, adopts. This only shows that the Supreme Court, at a later date, after seven days or after the filing of the pleadings is complete, will hear the matter because of the important questions of constitutional law that have been raised. In the meantime, in order that the petition does not become infructuous, the Court, acting on the assurance of the Solicitor General of India, has said that till the next date of hearing, or seven days, you will not make any changes in the composition of the Waqf Council or Waqf Board, you will not denotify the Waqf land by user and you will not also denotify the registered Waqf plan, which was, these are the three main issues that were challenged".
He further added that the Supreme Court's observations are a normal features of the Court's process and noted that the order was made with the consent of the Solicitor General.
This is a normal feature of the court's process. Neither can it be said that the petitioners have won or they have lost, nor can it be said that the Union of India has lost or won a point. The important thing to note is that this order is made with the consent of the Solicitor General. It is based upon the voluntary assurance given by this Solicitor General that we will not take certain decisions. So the idea is to make it clear the import of the Supreme Court Center order. It is only an order to secure a fuller hearing on the next date of hearing after the Government of India has filed its detailed response..."
Meanwhile, the Supreme court, while hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on Thursday, recorded assurances from the Solicitor General, representing the Centre, that no appointments would be made to the Waqf Boards or Councils, and Waqf properties will not be de-notified until the next hearing.
Earlier on Thursday, the SC took note of the Solicitor General's assurance that no appointments to the Waqf Board or Council will be made until the next hearing. The court also stated that existing Waqf properties, including those registered by the user or declared through notification, will not be identified.
The Solicitor General said that the Waqf Act is a considered piece of legislation and that the Centre has received a large number of representations regarding the classification of land as Waqf. He added that staying the entire Act would be a severe step and sought one week to submit a reply.
The Supreme Court stated that it had earlier noted some aspects of the legislation as positive and reiterated that there can be no complete stay of the Act at this stage. The court also said that it does not want the current status to be altered while the matter is under its consideration.
The bench reiterated that the objective is to maintain the existing situation without changes while the matter remains under judicial review.
Several petitions were filed in the apex court challenging the Act, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.
President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, on April 5, following its passage by Parliament after heated debates in both Houses. (ANI)

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