CJI Khanna Sends Petitions Challenging Waqf Amendment Act 2025 To Justice BR Gavai's Bench; Hearing On May 15

Chief Justice of India Sanjiv Khanna on Monday (May 5) said that the petitions challenging the Waqf (Amendment) Act 2024 will be listed before a bench led by Justice BR Gavai in view of the fact that he has only few days left before retirement(May 13).

The matter "In Re : Waqf Amendment Act" was listed before a bench of Chief Justice of India Sanjiv Khanna,  Justice Sanjay Kumar and Justice KV Viswanathan today.

As soon as the matter was taken, CJI Khanna said that he has gone through the counter-affidavit of the Union and the rejoinder affidavits of the petitioners, though not in detail. He added that he does not want to reserve a judgment/order in view of his imminent retirement. At the same time, he agreed that the matter requires an early hearing. Therefore, he proposed that the matter be listed before a bench led by Justice BR Gavai.

"I don't want to reserve any judgment or order at the interim stage. This matter will have to be heard on a reasonably early date, and this will not be before me. If you all agree, we will post it before a bench of Justice Gavai..."

The lawyers appearing for the petitioners, Senior Advocates Kapil Sibal, AM Singhvi etc., as well as Solicitor General of India Tushar Mehta, accepted the CJI's suggestion.

Justice Gavai will be assuming office as the next CJI on May 14.

In the last hearing, the Centre had undertaken to put on hold certain contentious provisions, after the bench raised certain concerns.

The Court has heard the matter twice on April 16 and 17 in detail. On April 16, the submissions for the petitioners' side were led by Senior Advocate Kapil Sibal, who raised various concerns about the 2025 Amendment Act, including on the omission of 'waqf by user' provision. It was argued by him that it' impossible to prove registration documents for centuries-old mosques, dargahs etc, which are mostly waqf by user.

On the opposite side, the submissions were led by Solicitor General for India, Tushar Mehta. He informed the Court that the 'waqf by user' provision is prospective, something that was also assured in Parliament by Union Minister Kiren Rijiju. When CJI enquired from SG if the waqf by users' properties will be affected or not, SG Mehta replied, "if registered, no, they will remain as waqf if they are registered."

Also, concerns were raised also the inclusion of non-Muslim members in the Central Waqf Council and the State Waqf Boards. CJI asked SG Mehta if Muslims would be included in the Boards governing the Hindu religious endowments. At the end of the hearing, the Court proposed interim directions that no properties declared by the Courts as waqf should be denotified. It also proposed that all members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members. The Court's idea of proposing such interim directions is that no "drastic" change takes place during the hearing.

Since SG Mehta sought more time, the matter was again heard on April 17, wherein he made the statement that the existing waqf lands would not be affected and that no appointments would be made to the Central Waqf Council and the State Waqf Boards.The statement was taken on record by the Court and the matter was kept on May 5 for preliminary objections and interim directions, if any.