Waqf properties should not be denotified, SC tells Centre

New Delhi: The Supreme Court here on Wednesday told the Central Government that properties declared by a court to be Waqf will not be denotified or treated as non-waqf, whether it’s waqf-by-user or not. But the Centre opposed this and sought a detailed hearing before issuing any order.

The division bench pointed out that a collector concerned can continue with proceedings on Waqf lands, but the provision will not be given effect. The court made the observations while considering a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

"The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are by waqf-by-user or waqf-by-deed, while the court is hearing the challenge to the Waqf Amendment Act 2025," the bench said.

The top court said, "All Waqf Boards and the Central Waqf Council members must be Muslims, except the ex-officio members."

In the earlier hearing, the three-member division bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan considered referring the pleas to one high court and expected to issue an interim order on the act today. But as Senior advocates Kapil Sibal, Abhishek Singhvi, Rajeev Dhavan and Solicitor General Tushar Mehta, who appeared for the Centre, sought a detailed hearing, the court will consider the pleas again on Thursday. The bench, which did not issue a formal notice as of now, said it would resume hearing on the petitions at around 2 pm on April 17, reported PTI.

During the hearing on Wednesday, the apex court told the solicitor General that if Waqf by user properties are denotified, it will be an issue.

“As far as waqf-by-user is concerned, it’s difficult to register. You have a point; it is misused, but you cannot say there is no genuine waqf-by-user. How will the government register such waqfs? What documents will they have? It will lead to undoing something. Yes, there is some misuse, but there are genuine ones, also. If you undo it, then it will be a problem,” said the court. 

The court also expressed concern over the violence taking place across India over the Waqf (Amendment) Act, 2025.  

During the hearing, the apex court asked the Central Government whether it is willing to allow Muslims to be part of Hindu religious trusts. It ruled that the centre can appoint ex officio members to Waqf Board and council, but other members should be Muslims.

However, the CJI declared that he was not hearing any arguments on the aspect of staying the law.

The bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan outlined two aspects.

"There are two aspects we want to ask both sides to address. Firstly, whether we should entertain or relegate it to the High Court? Secondly, point out in brief what you are really urging and wanting to argue?" the CJI said.

"The second point may help us in deciding the first issue to some extent," the CJI added. 

The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.

The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. The Lok Sabha cleared it with 288 members supporting it and 232 against it.

As many as 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been filed challenging the validity of the Act.

According to a PTI report, the Centre, on April 8, filed a caveat in the apex court and sought a hearing before any order was passed in the matter. A caveat is filed by a party in the high courts and the apex court to ensure no orders are passed without hearing it.