Sibal will clash with Tushar Mehta on Waqf law, there will be a fierce debate in Supreme Court

New Delhi. The Supreme Court will hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025 on Tuesday and can pass an interim order in the case. A bench of Chief Justice (CJI) BR Gavai and Justice Augustine George Christ deferred the hearing on May 15 till May 20, saying that it would have heard an interim directions on three issues including ‘Waqf by user’ or ‘Waqf by-Did’ to pass interim instructions on three issues, including the right to non-defined assets declared Waqf. The second issue was raised in petitions related to the structure of the State Waqf Board and the Central Waqf Parishad, of which they argue that apart from ex -officio members, only Muslims should operate it. The third issue is related to the provision, according to which, when the collector will investigate to find out whether the property is government land or not, the Waqf property will not be seen as a vaqf. The bench had asked senior advocate Kapil Sibal and others and Solicitor General Tushar Mehta, who is representing the legitimacy of the law, to submit their written notes by Monday 19 May. Lawyers from both sides informed the bench that it may take more time for judges to study arguments. Earlier, the Law Officer had also assured that no appointment will be made in the Central Waqf Parishad or State Waqf Board under the new law. The bench had said that it would not consider any petition requested to ban the provisions of the previous Waqf Act of 1995 on 20 May. Earlier, a bench headed by former Chief Justice Sanjeev Khanna was hearing in the case. He retired on 13 May and the cases were sent to a bench headed by Justice Gawai. Meanwhile, the Kerala government has moved the apex court to intervene in a group of petitions against the constitutional validity of the Waqf (Amendment) Act, 2025. The state government has argued that the amendment of 2025 has deviated from the purview of the Basic Waqf Act, 1995 and its Muslim population with Waqf property is “really apprehension” that the amendment will affect their fundamental rights under the constitution and change the nature of their Waqf properties. The petition stated, “The state government feels that the apprehension of Muslim minorities in Kerala is real that they are being discriminated against in terms of right to manage religious matters, Waqf and Waqf properties. Many provisions of the Amendment Act are highly unjust and constitutional validity are suspicious.”

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