SC Defers Waqf Act Pleas; Justice Gavai Bench to Hear on May 15

Chief Justice of India Sanjiv Khanna on Monday stated that the petitions challenging the controversial Waqf (Amendment) Act, 2024, will be listed before a new Bench headed by Justice B.R. Gavai. The shift comes in view of Justice Khanna’s impending retirement on May 13, after which the newly appointed Chief Justice will take charge.

During the brief proceedings, CJI Khanna clarified that he was not inclined to issue any order or ruling at this stage, emphasizing that the matter requires a comprehensive and detailed hearing.

The petitions challenge several provisions of the Waqf (Amendment) Act, including a contentious clause which bars individuals from donating personal property as waqf, particularly in Sixth Schedule areas—regions with special constitutional protections, such as parts of Northeast India.

Notably, organisations from Assam, including the All Bodoland Minority Students' Union (ABMSU) and the North East Minority Students' Union (NEMSU), were present during the hearing. Both have voiced strong opposition to the amendment, claiming it infringes upon the rights of indigenous communities and minority groups.

In a previous hearing, the Union government had assured the court that it would refrain from denotifying waqf properties—including those classified as “waqf by user”—and would not proceed with appointments to the Central Waqf Council or respective state boards until May 5.

Solicitor General Tushar Mehta, appearing for the Centre, had defended the legislation, asserting that it was enacted after due deliberations in Parliament and should not be stayed without first hearing the government's side in full.

Taking note of these submissions, the apex court had recorded that all waqf properties already registered or notified—especially those under ‘waqf by user’—must remain undisturbed and not be denotified until the next hearing.

The Supreme Court granted the Centre a week to submit its preliminary response and fixed May 15 as the date for further proceedings, to be conducted by the Bench headed by Justice B.R. Gavai under the incoming Chief Justice.