Following a statement made by Solicitor General Tushar Mehta, a three-judge Bench led by CJI Sanjiv Khanna deferred passing any interim orders and issued notice to the Centre asking it to respond to the petitions challenging the amendment within a week.
“Your lordship is taking a harsh step… allow me to place within a week my preliminary reply with documents to show how this (law) came into picture,” Mehta said, adding that staying the Waqf Act on prima facie reading of some provisions may not be appropriate and that the court will have to consider the history of the legislation.
“We, as the government and Parliament, are answerable to the people…. Villages and villages are taken as Waqf. It’s a considered piece of legislation,” Mehta said, adding the petitions were filed even before the Presidential assent and were taken up immediately by the top court.
Noting that there were certain positive things as well in the amendment, the CJI, however, said the court didn’t want the situation to change on the ground as there were some infirmities as well.
“Let me say, somebody asked for a complete stay, we didn’t say anything. Today, we don’t want the situation to change… there are provisions such as five-year practice of Islam… we are not staying that… There is another thumb rule… Normally, the situation prevailing today should continue to not upset the rights of parties,” CJI Khanna told Mehta.
On behalf of the petitioners against the amendment, senior counsel Kapil Sibal, AM Singhvi and Rajiv Dhavan wanted the Bench to ensure that Waqf under Waqf-by-user should also be protected.
Finally, the CJI dictated the order that recorded the Solicitor General’s assurance given to the top court. “During the course of hearing, Solicitor General Tushar Mehta states that the respondents (Centre and others) would like to file a short reply within seven days. He further assures that till next date of hearing, no appointment shall take place to the (Waqf) councils and (Waqf) boards under Sections 9 and 14 of the 2025 Act. He also assures that Waqfs, including Waqf-by-user already declared by notification or gazetted… their status shall not be changed. We take the statement on record. Let the reply be filed within seven days. Reply to that be filed within five days of the service,” the Bench ordered.
Amid violent protests against the Waqf amendment in West Bengal and other states, the Supreme Court had on Wednesday proposed to stay some of its key provisions, including the power to de-notify properties declared as Waqf by courts and inclusion of non-Muslims in central Waqf councils and boards, saying it would “balance the equities”.
Govt answerable to people
Tushar Mehta, solicitor general
