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The Supreme Court had given a week’s time to the Center to file a initial reply on the petitions challenging the validity of the law and posted the case for May 5.
New Delhi: The Supreme Court on Monday will hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act. A few weeks before this, the government had banned two main aspects of this controversial law in view of the questions related to the investigation of the apex court. The Center had assured the apex court on 17 April that it would not notify the Waqf properties including Waqf by May 5 by May 5.
The Center protested the top court proposal to pass interim order
The Center also strongly opposed the proposal of the apex court to pass an interim order against the user, in addition to prohibiting the provision allowing the provision of the Central Waqf Parishad and the provisions allowing non-Muslims in the boards. The apex court paid attention to Mehta’s arguments and stated that the user will not be harassed by the date of the Waqf properties, including Waqf, which is already registered or declared through the notification, and will not be non-defined by the next hearing date. After this, the court posted the case for May 5. Now a bench of three judges of the Supreme Court will hear the batch of five petitions on Monday. Solicitor General Tushar Mehta, presented by the Center, said that the law passed should not be banned without hearing the government.
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Registration of Waqf properties including Waqf compulsory since 1923
This group of petitions also includes a petition filed by AIMIM chief and Hyderabad MP Asaduddin Owaisi. In its affidavit on 25 April, the Center defended the amended Act and opposed any complete stay by the court on the law that estimated the constitutionality passed by the Parliament. Holding the provision of Waqf properties by the user appropriate, it said that with any intervention, a legislative system will be created by judicial order. The Ministry of Minority Affairs said that registration of Waqf properties including Waqf by the user is mandatory since 1923.
The government said that the Waqf (Amendment) Act, 2025 respects the cases of faith and worship “untouched” and respects the essential religious practices of Muslims. It claimed an increase of 20 lakh acres in Waqf land after the 2013 amendment of the law and identified the misuse of Waqf provisions to encroach on private and government properties. The center urged the apex court to dismiss the arguments against the Waqf (Amendment) Act.
116 percent increase in Aukaf sector after 2013 amendment
Said that after the 2013 amendment, there was an increase of 116 percent in the Aukaf sector. India has 18,29,163.896 acres of land. Whereas after 2013, the Waqf land has increased by 20,92,072.536 acres. The affidavit claimed that these figures were voluntarily uploaded on the portal of the Waqf management system by the concerned Waqf and Waqf boards. The Waqf (Amendment) Act 2025 was approved by President Draupadi Murmu last month on 5 April. Civil society, Muslim bodies and many other political parties like DMK, YSRCP, AIMIM, Left parties, NGOs have moved the Supreme Court challenging the validity of the Act.
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