Waqf Act Row: Centre has filed ‘false affidavit,' Muslim body tells SC ahead of crucial hearing. What is the charge?

Waqf Act Row: The All India Muslim Personal Law Board (AIMPLB) has accused the Prime Minister Narendra Modi-led Union government of submitting incorrect data in the Supreme Court in the ongoing case against the Waqf Law.

The apex body of Muslim clerics in India has sought action against the officer concerned in the Union Ministry of Minority Affairs for filing what it calls a ‘false affidavit’.

The Board has objections to the Centre's statement that the number of Waqf properties uploaded to the central portal after 2013 has "shockingly increased by 116 per cent," news agency PTI reported.

"Mischievous false narrative"

“It appears that in its affidavit, the Union of India is suggesting that all the properties registered as Waqf before 2013 were immediately uploaded on the WAMSI portal, when it became operational. At page 158, the first column with the title 'number of properties in 2013' to say that the number of Waqf properties reflected therein were the only registered properties is mischievous,” the AIMPLB has informed the Court through advocate Talha Abdul Rahman ahead of a crucial hearing in the case scheduled for May 5.

Centre has filed its 1,332-page preliminary affidavit in the Supreme Court seeking dismissal of petitions challenging the constitutional validity ofWaqf (Amendment) Act, 2025. The Centre pointed out a "mischievous false narrative" surrounding certain provisions of the law.

The government claimed a "shocking increase" of 116 per cent in the number of Waqf properties in the country since 2013. It also opposed the arguments over the necessary registration of "Waqf by user" properties till April 8, saying if the provision is interfered with by an interim order, it would amount to the "creation of a legislative regime by a judicial order".

The SC had on April 17 granted the Centre a week's time to file a response to the petitions challenging the constitutional validity of the controversial law.

"The deponent of the counter-affidavit has not been candid to this court and, it appears, has carefully avoided making a statement that 'all the registered Waqf properties were uploaded on the web portal in the year 2013'. Since this crucial aspect is missing in the affidavit, the sanctity of this chart itself is seriously doubtful," the AIMPLB has said.

The Board said that the deponent (the officer who filed the affidavit) must file an affidavit and state that the number of properties reflected on the WAMSI) portal contained all the registered Waqfs as on 2013.

"Thus, the claim that there has been a 'shocking' increase in the number of Waqf properties since 2013 is a claim that is unsupported and amounts to scurrilous allegation in pleading. This Hon'ble court has the power to strike off such pleadings," the board has said.

It assured the court that until then, waqf, including waqf-by-user, will neither be denotified nor its character changed.

The concept of ‘Waqf-by-user’ refers to a practice where a property is recognised as Waqf based on its long-term, uninterrupted use for such purposes, even if there isn't a formal registration.

The Supreme Court had fixed the next hearing in the case for the week commencing May 5, when the responses of the Centre, states, and petitioners opposing the Act will be filed.

The Waqf (Amendment) Act, 2025, that came into force earlier this month, was challenged by a batch of petitions. The Lok Sabha and the Rajya Sabha passed the bill during the recently concluded Budget Session of Parliament.

President Droupadi Murmu gave her assent to the proposed law on April 5.

(With PTI inputs)