SC refuses to entertain plea by senior advocate challenging certain provisions of Waqf Act
The senior lawyer had stated that his petition concerns other aspects of the Waqf Act, 2025, which are unrelated to issues such as 'Waqf by User' that are scheduled to be considered by the Chief Justice's bench.
ANI
Apr 28, 2025 14:10 IST
New Delhi [India], April 28 (ANI): The Supreme Court on Monday refused to entertain a plea filed by Senior Advocate Rauf Rahim challenging certain provisions of the Waqf (Amendment) Act, 2025.
The senior lawyer had stated that his petition concerns other aspects of the Waqf Act, 2025, which are unrelated to issues such as 'Waqf by User' that are scheduled to be considered by the Chief Justice's bench.
A bench of Justices MM Sundresh and Rajesh Bindal declined to make any observations and reasoned that the matter is already pending before the Chief Justice's bench (referring to the batch of pleas, challenging the Waqf (Amendment) Act that are slated to be decided.
The bench however, granted liberty to the senior counsel to make a mentioning of his plea before the appropriate bench.
Earlier on April 25, the Centre filed its preliminary affidavit in SC while seeking dismissal of petitions challenging the constitutional validity of the Waqf Act, as it said that the law is not violative of the fundamental rights guaranteed under the Constitution.
The Centre said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.
It said taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf.
The Centre also asserted that the changes will not make Muslims a minority in the Central Waqf Council and Waqf Boards. The maximum possible number of non-Muslims in the Central Council is four out of 22 members and in Boards is three out of 11 members.
The response of the Centre was filed on a batch of petitions challenging the Act, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.
The Centre had last week assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and provisions on de-notifying Waqf properties, will not be given effect for some time.
Solicitor General also gave an assurance that no appointments will be made to the Waqf Council or Waqf boards. (ANI)
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