Challenge To Waqf Amendment Act 2025 : Live Updates From Supreme Court Hearing

Sibal: you have identified an officer who is the officer of the Gov. This is per se unconstitutional. Third challenge.

Fourth- declaration of protected monument or waqf is void.

CJI: how many of such cases will be there? On my reading, the interpretation in your favour. If its declared as waqf, before it was declared as ancient monument, it will not make any difference. It will remain waqf, you should not be objecting unless after its declared as protected, it cannot be declared as waqf.

Sibal: 3(C)(2)- they can make declaration that its their property - there is no timelimit in this process.

CJI: Article 26 is secular, applies to all communities.

Sibal: inheritance in Islam happens after death, they are interfering before that.

Next, S.3(C) gov property identified or declared as waqf not to be deemed as waqf after commencement of Act. 

Sibal: S.3(A)(2)- create of waqf-alal-aulad shall not deny inherit to women. Who is the state to say about this?

CJI: Even in Hindu, State has enacted the law. Parliament has enacted law for Muslims also

Court asks point by point challenge should be stated

Sibal: I am challenging 3(r), proviso to S.3 [providing existing waqf by user will remain as waqf except in dispute or Gov property]

Sibal: refers to Section 3(r) of 2025 Act- definition of waqf- reads it for the court.

If I want to set up waqf, I have to show I am practicing Islam for 5 years. If I am born Muslim, why would I do that? My personal law will apply. 

Sibal: 'in accordance with law' will take essential practice of my religion

Sibal refers to Article 26.

Sibal: refers to Article 26(b)

Sibal: my submission upfront, what is sought through Parliamentary legislation is to interfer with essential and integral part of faith. Referring to Article 25 and 26.

CJI: pls, maintain the decorum. we made it very clear, who has filed the petitions and removed objections before 11, we will hear.

Sibal to begin.