New CJI to hear Waqf Act pleas on May 15
It may be recalled that the Lok Sabha had passed the law on April 3, while the Rajya Sabha cleared it on April 4. The Act received Presidential assent on April 5
New Delhi: The Supreme Court on Monday deferred the hearing on pleas challenging the constitutional validity of the Waqf (Amendment) Act saying the petitions will be taken up by a bench headed by Chief Justice of India-designate Justice B.R. Gavai on May 15.
Justice Gavai takes charge as CJI on May 14 after incumbent Chief Justice Sanjiv Khanna demits office on May 13. The pleas were listed before a three-judge bench comprising CJI Khanna and Justices Sanjay Kumar and K.V. Viswanathan.
As the bench assembled for the hearing, the CJI said: “There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.”
“We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” the CJI said.
Solicitor general Tushar Mehta, appearing for the Centre, said: “We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time. It is painful to remind your lordship (about retirement).” “No, no I am looking forward to it,” the CJI responded.
CJI Khanna said the Centre's affidavit was exhaustive and it has dealt with most of the issues regarding the concerns expressed on the earlier date. Some figures referred to by the Centre and disputed by the other side may have to be dealt with and the case will have to be heard on any reasonably early date, he said.
The CJI said it would not be possible before the bench presided over by him in view of time constraints and posted the pleas for further hearing on May 15 before a bench headed by Justice Gavai.
Earlier on April 17, the Centre assured the top court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the central waqf council and boards till May 5.
On April 25, the Union ministry of minority affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".
The Centre urged the top court to dismiss the pleas challenging the validity of the Waqf (Amendment) Act, 2025, pointing out a "mischievous false narrative" surrounding certain provisions.
Through the affidavit, the Centre urged the top court not to stay the law's provisions and claimed a "shocking increase" of 116 per cent in the waqf properties since 2013.