Waqf Modification Act SC listening to LIVE: CJI-led bench to proceed listening to at this time

Waqf Modification Act Supreme Court docket listening to LIVE: Petitioners from Delhi after a listening to on their plea difficult the constitutional validity of the Waqf Act, exterior the Supreme Court docket of India, in New Delhi, Wednesday, April 16, 2025.

The court docket had questioned three facets of the statute – the standing of “waqf by consumer” properties declared so underneath earlier court docket orders, the bulk presence of non-Muslim members within the Waqf Council and Waqf Boards and disallowing a property from working as waqf property whether it is disputed as a authorities plot.

The bench was inclined to move an interim order pausing the operation of the legislation on these facets, however agreed to present the Centre and states a chance on Thursday.

The act, handed by Parliament and ratified by the President earlier this month, implements main adjustments within the regulation and governance of India’s waqf boards.

Waqf listening to: What occurred within the Supreme Court docket

-Durig the listening to on Wednesday, the Supreme Court docket had requested the Centre whether or not it was keen to permit Muslims to be a part of Hindu spiritual trusts. Probably the most contentious adjustments to the Waqf legislation is the supply permitting non-Muslims to be included in Waqf boards.

-The Supreme Court docket additionally noticed that “undoing the waqf by customers” would create issues. It famous that many mosques had been constructed within the 14th and fifteenth centuries, and requiring them to provide deeds was not possible.

-“We can’t rewrite the previous. A property declared as waqf some 100 or 200 years in the past, all of a sudden you flip round and say it can’t be waqf,” the Supreme Court docket noticed.

-The bench identified instances the place court docket orders have recognised, recognized and established properties as belonging to waqf. Elevating issues over these courses of properties, which can now turn out to be void by operation of legislation, the bench mentioned, “Legislature can’t declare a decree or order of court docket as void, What it might probably do is to take away the idea of legislation that served the idea for passing the decree…There is a matter of concern.”

-The Supreme Court docket additionally mentioned the violence occurring throughout protests towards the act was “very disturbing”. “One factor that could be very disturbing is the violence that’s happening. If the matter is pending right here, then it mustn’t occur,” the CJI mentioned.