SC to consider listing for hearing pleas challenging validity of Waqf law

New Delhi: The Supreme Court on Monday indicated that it would consider listing for an urgent hearing a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

A bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, responded to submissions made by senior advocate Kapil Sibal, who appeared on behalf of Jamiat Ulama-i-Hind. Sibal pointed out that multiple petitions had been filed on the matter and requested an early hearing.

Senior advocates Abhishek Manu Singhvi and Nizam Pasha also joined in the plea for expedited listing. Pasha, while making his submission, referred specifically to a petition filed by Lok Sabha MP Asaduddin Owaisi. The Chief Justice, who has discontinued the oral mentioning system for urgent listings, advised counsel to submit their requests through formal channels. “File a letter or send an email,” he told the lawyers. Upon being informed by Sibal that the required steps had already been taken, the CJI assured, “I will see the mentioning letter in the afternoon and take a call. We will list it.”

The Waqf (Amendment) Bill, 2025, received presidential assent over the weekend, following intense debates in Parliament. The new law has drawn strong criticism from several opposition parties and minority groups.

On Monday, the Dravida Munnetra Kazhagam (DMK) and Congress MP Imran Pratapgarhi became the latest to approach the apex court. DMK, represented by deputy general secretary A Raja, stated, “Despite widespread opposition, the Waqf Amendment Bill, 2025, was passed by the union government without proper consideration of the objections raised by the members of the JPC and the other stakeholders.”

In its statement, the party claimed the Act would adversely affect approximately 50 lakh Muslims in Tamil Nadu and 20 crore in other parts of the country.

Jamiat Ulama-i-Hind, which has already filed a petition, alleged that the law undermines fundamental rights.

“This bill is a dangerous conspiracy to strip Muslims of their religious freedom,” the group said in a public statement, adding that it would pursue legal remedies in various high courts as well.

Its president, Maulana Arshad Madani, has also moved an interim plea seeking to halt the enforcement of the Act.

Samastha Kerala Jamiathul Ulema, another petitioner, argued that the legislation constitutes “a blatant intrusion” into religious autonomy as protected under Article 26 of the Constitution. The body also alleged that the law centralises power, taking away authority from state governments and Waqf Boards.

Other petitioners include AIMIM chief Asaduddin Owaisi, Congress MP Mohammad Jawed, AAP MLA Amanatullah Khan, and the NGO Association for the Protection of Civil Rights.

Jawed’s plea claimed the Act places “arbitrary restrictions” on the management of Waqf properties.

Owaisi, in his petition, argued that the law discriminates against Muslims by removing safeguards extended to Waqfs while retaining protections for endowments of other faiths. “This constitutes hostile discrimination and violates Articles 14 and 15 of the Constitution,” his plea stated.

Khan, in a separate submission, urged the court to declare the legislation unconstitutional, citing violations of multiple constitutional provisions, including Articles 14, 15, 21, and 25.

The Supreme Court is expected to take a decision soon on when to begin hearings in the matter.