The Supreme Court commenced hearings on petitions regarding the Waqf Law case on Wednesday, highlighting concerns over ongoing violence in Murshidabad, West Bengal. Following an hour and a half of discussions, the court did not issue a verdict but announced that a bench led by Chief Justice Sanjeev Khanna would continue the hearing on April 17 at 2 PM.
The court indicated the possibility of imposing an interim stay on the appointment of non-Muslim members to the Waqf Board and the ‘Waqf by User’ provision. Chief Justice Khanna noted that imposing a stay without a thorough hearing on a parliamentary law is complex, yet he suggested that interim measures could be considered regarding Waqf by User.
During the hearing, Chief Justice Khanna expressed concerns about the violence occurring while the case is pending, and questioned the reasoning behind the removal of Waqf by User provisions. He highlighted historical aspects of Waqf registration before British rule regarding mosques built centuries ago. Senior advocate Kapil Sibal argued that this law conflicts with Articles 25 and 26, which protect religious freedoms, emphasizing that Waqf by User is essential to Islam.
Senior Advocate Rajeev Dhawan asserted that the law undermines Islam’s internal structure. Solicitor General Tushar Mehta outlined the legislative process behind the Waqf Amendment Bill, stating it followed extensive discussions and received parliamentary approval. Mehta noted that Waqfs registered before the 2025 Act would remain intact, while the Chief Justice urged that decisions made by civil courts should not be invalidated by the legislature.
