Senior Advocate Kapil Sibal argued that empowering the Collector to decide on Waqf status made him “a judge in his own cause” .
Centre Assures SC: No New Appointments to Waqf Bodies Until Next Hearing, Latest updates:
New Delhi, April 17, 2025 (ANI): The Centre on Thursday assured the Supreme Court that no fresh appointments will be made to the Waqf Board or Council until the next hearing. Solicitor General Tushar Mehta said a preliminary reply, along with relevant documents, will be submitted within seven days in response to petitions challenging the Waqf (Amendment) Act, 2025.
The SC bench, led by Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, refused to stay the entire Act but reiterated that the current status quo must be maintained. “We do not want the status to be altered while the matter is under consideration,” said the CJI.
During Wednesday’s hearing, the bench indicated it might stay certain provisions—such as allowing non-Muslims in Waqf Boards, Collector’s powers over Waqf property disputes, and the de-notification of properties declared as Waqf by courts. The CJI had said, “Government cannot rewrite history,” referring to the amended scope for de-notifying old Waqf properties.
Senior Advocate Kapil Sibal argued that empowering the Collector to decide on Waqf status made him “a judge in his own cause,” calling the amendment “per se unconstitutional.” He further said, “It is a parliamentary usurpation of the faith of 200 million persons.”
The court also addressed recent violence in West Bengal’s Murshidabad linked to the Act. “The one thing that is very disturbing is the violence taking place. The issue is before the court and we will decide,” the bench noted.
The petitions, filed by MPs, MLAs, religious leaders, and NGOs, argue that the Act discriminates against the Muslim community and violates their fundamental rights. President Droupadi Murmu gave her assent to the Bill on April 5 after it was passed in Parliament.
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