Highlights: Violence occurring during protests against Waqf Act is ’very disturbing’, says SC

On Supreme Court hearing pleas against Waqf Act, Union Minister G Kishan Reddy said, as quoted by ANI: “In a democracy, anyone can go to the court...For so many years, the poor Muslims have not received any benefits in the name of Waqf...Many big names like the Majlis party in Hyderabad have looted in the name of Waqf. We will bring reforms to the Waqf Board based on the Constitution and stop corruption...We have done this work for the benefit of poor Muslims ...”

On Supreme Court hearing pleas against Waqf Act, ex-President of Supreme Court Bar Association, Vikas Singh, said, as quoted by ANI, "The SC also agrees over the positive things in the Waqf Amendment Act...But there are some things the SC is also thinking about... The SC has given remarks on fake news being spread regarding this act. The SC will work towards solving people's problems. The SC will examine the case and all the angles related to it. This act is for better management and not for mismanagement, and everyone will understand this soon, including the opposition... The SC has said that when they are examining the case the protests should be ended now..."

Leaders of the Muslim community on Wednesday welcomed West Bengal Chief Minister Mamata Banerjee's suggestion to them to seek an appointment with President Droupadi Murmu and Prime Minister Narendra Modi to express their reservations over the Waqf (Amendment) Act, reported PTI.

Described Banerjee's advice as "positive", All India Imam Association chief Maulana MD Bakibillah Molla said they would soon hold a meeting to decide on meeting the President and the prime minister.

"We will soon hold a meeting over the issue. We also appeal to people to maintain peace and not take law into their hands, and not pay heed to any provocation," Molla told PTI.

Commenting on the SC hearing on Waqf (Amendment) Act, 2025, President of Jamiat Ulama-i-Hind, Maulana Arshad Madani said, as quoted by ANI, "Jamiat Ulama-i-Hind is a religious organisation... Waqf is our religious matter and it has certain rules and regulations... The government lies when it says they are thinking of the welfare of Muslims... We are thankful to people like Kapil Sibal who stood by us throughout. He opened the case hearing today as well..."

Hearing the pleas challenging the constitutional validity of Waqf (Amendment) Act, 2025, on Wednesday, A bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said the violence occurring during protests against the act is 'very disturbing'.

“One thing that is very disturbing is the violence that is taking place. If the matter is pending here then it should not happen,” PTI quoted the CJI as saying. 

BJP MP Jagdambika Pal on Wednesday said that the All India Muslim Personal Law Board (AIMPLB) is continuously provoking people over the Waqf Amendment Act.

"AIMPLB is continuously provoking people. The law has passed, and the application has been submitted to the Supreme Court, so why are the protests taking place?... They clearly don't want the backward classes, poor and women, to get a place in the Waqf Board or its benefits... The government has brought this Bill for the benefit of Muslims... The income of Waqf hasn't been used to build schools and colleges; it even cannot pay salaries to its employees...", Jagdambika Pal told ANI.

Chhattisgarh Waqf Board Chairman Salim Raj said, while reacting to Supreme Court hearing, as quoted by PTI, "Chhattisgarh Waqf Board supports the Waqf (Amendment) Act because it is for progress of Muslims. I want to ask, Asaduddin Owaisi ji, Amanatullah Khan ji, Manoj Jha ji have gone against it, don't they want progress of Muslims? They went to the SC. The Chhattisgarh Waqf Board supports it."

Commenting on the Supreme Court hearing pleas against constitutional validity of the Waqf (Amendment) Act 2025, Samajwadi Party MLA Harendra Malik said, as PTI quoted, “Everyone has the right to protest in politics but not for violence. People are provoked by Waqf (Amendment) Act. The issue is under the Supreme Court, so I think we should wait for the decision.”

Uttarakhand Waqf Board Chairman Shadab Shams in Wednesday said on the Supreme Court hearing pleas against constitutional validity of the Waqf (Amendment) Act, 2025.

"The Supreme Court hearing on pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025, is scheduled for today. We have also filed an intervention application before the Court. We hope that the plight of the poor will be heard," PTI quoted him as saying. 

Commenting on Waqf Amendment Act 2025, BJP leader Mohsin Raza said, as quoted by ANI, "Waqf Amendment Act 2025 was brought for the welfare of the poor and giving them justice. The opposition, especially Congress and Samajwadi Party are the ones who approached the Supreme Court at 3 AM to save a terrorist when he was about to be hanged. They don't believe in justice... They are not fighting for anyone's benefit, but their own... The 2013 Amendment is now over... Opposition is being exposed, so they have filed a plea in the Supreme Court to bake their political bread... Had they believed in justice, they wouldn't have manipulated Shah Bano's case, nor approached the court against Triple Talaq, abrogation of 370 or CAA-NRC..."

After the SC hearing concluded for the day on Wednesday, AAP MLA Amanatullah Khan told reporters that he has been the chairman for Delhi Waqf Board, but he failed t understand why a District Magistrate would be given more powers. 

The Delhi MLA also expressed hopoe fr getting justice after the SC hearing.  

Supreme Court told Solicitor General Tushar Mehta that as far religious endowment of Hindus is concerned no one else from other communities is a part of it.

Supreme Court also noted that many of the Mosques were created in 14th or 15th centuries. To require them to produce a registered deed is impossible. Most of the cases, say Jama Masjid of Delhi, the waqf will be waqf-by-user.

Mamata Banerjee on Wednesday termed the recent communal violence in Murshidabad as "pre-planned", accusing a section of the BSF, central agencies under the MHA, and the BJP of orchestrating tension by allegedly facilitating outsiders and enabling cross-border influx from Bangladesh.

Addressing a meeting with Muslim religious leaders, Banerjee urged PM Modi not to implement the "atrocious" Waqf (Amendment) Act, warning that it would divide the country.

A large section of the Muslim community is welcoming the Waqf Amendment Act, claimed Union Minister for Parliamentary Affairs and Minority Affairs Kiren Rijiju during an interview with ANI.

Rijiju said Waqf land is not being "utilised" for the benefit of vast sections of Muslim community and that "some powerful" people are misusing it.

About 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been filed challenging the validity of the Act.

Supreme Court will continue hearing the pleas challenging the constitutional validity of the Waqf Amendment Act tomorrow and CJI Sanjeev Khanna condemned violence that occurred after the passing of the Bill saying its very disturbing.

Supreme Court said when a public trust was declared to be a waqf 100 or 200 years ago, it couldn't suddenly be taken over by the waqf board and declared otherwise.

"You cannot rewrite the past," the bench said.

"Waqf by user" refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn't a formal, written declaration of waqf by the owner.

"The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are by waqf-by-user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025," Supreme Court has stated.

SC says ex-officio members can be appointed regardless of faith but others have to be Muslims in the Waqf Board. 

The Supreme Court has voiced concern over the recent violence linked to the Waqf Act, describing it as disturbing, especially as the court is currently considering matters related to the Act. 

During the hearing, the bench proposed to pass an order that properties already declared as waqf, including those classified as 'waqf by user', should not be denotified while the case is pending

However, the Centre opposed this suggestion and requested a full hearing on the issue

Solicitor General Tushar Mehta, appearing for the Centre, said, "There's a shop, temple of waqf. The act doesn't say its usage will stop. It says it won't get benefit unless we decide it.

To this, CJI Khanna then asked, "What will happen then? Where will rent go? Why have that provision then?"

Mehta then replied, saying, "It doesn't say its usage as a waqf will stop.

A three-judge bench headed by Chief Justice of India (CJI) Sanjiv Khanna sought clarification from the Centre over the removal of 'waqf by user' provision. It said that most mosques built between the 14th to 16th centuries won't have sale deeds.

"You still haven't answered the question. 'Waqf by user' will be declared or not? That will be undoing something that's been established. How will you register in the case of 'waqf by user'? You can’t say there will be no genuine," the bench said.

Supreme Court to continue hearing petitions challenging the constitutional validity of Waqf Amendment Act 2025 on Thursday.

The apex court asked Centre whether it is willing to allow Muslims to be part of Hindu religious trusts. The Supreme Court also asked Centre how "waqfs by user" would be registered as there may be lack of documents.

Waqf Act will have all India ramifications, pleas should not be referred to high court, says senior counsel Abhishek Singhvi.

The Supreme Court has remarked undoing Waqf by user a problem, old mosques won't have sale deeds.

Waqf by user is established practice of Islam, cannot be taken away, said senior advocate Huzefa Ahmadi for a litigant.

Kapil Sibal says in the Supreme Court, “Who is the State to tell us how inheritance will be in my religion?” Sibal highlighted a point in the Waqf Act 2025 - Create of waqf-alal-aulad shall not deny inherit to women.

To this the CJI replied: Even in Hindu, State has enacted the law. Parliament has enacted law for Muslims also.

CJI Khanna said, “But in Hinduism, it does happen.. so Parliament has enacted a law for Muslims.. may be not like of the Hindus… Article 26 will not bar enactment of law in this case.. Article 26 is universal and it is secular in the fashion that it applies to all.”

CJI Khanna, during the hearing, remarked that he was told that the Delhi High Court was built on Waqf Property. 

Notably, the Delhi High Court has clarified that Delhi Waqf Board is not the owner of the 123 properties in question; it can only act as a custodian if they are recognized as Waqf properties. 

The government and court have emphasized that ownership of these properties remains with the government or other entities, and the Waqf Board's role is limited to custodial responsibilities

Kapil Sibal flagged the violation of Article 26 in the inclusion on non-Muslims representation. Sibal said that the law is a parliamentary usurpation of the faith of 200 million individuals of this country.

Article 26 of the Indian Constitution guarantees religious denominations and sections the right to manage their own religious affairs, institutions, and property. It includes the rights to establish and maintain religious and charitable institutions

‘If I want to set up waqf, I have to show I am praticising Islam for 5 years. If I am born Muslim, why would I do that? My personal law will apply.’

During the hearing at the Supreme Court, Kail Sibal flagged that the state in its attempt to determine if a person is Muslim or not could potentially flout personal laws. 

the senior advocate said, if someone wants to set up Waqf the person has to show that he is praticising Islam for five years. How should the state decide whether and how the person is a Muslim or not? The person’s personal law will apply.

Senior advocate Kapil Sibal, appearing for one of the petitioners challenging Waqf (Amendment) Act, began his arguments at the Supreme Court

The senior advocate asked, “Through a parliamentary legislation what is sought to be done is to intervene in an essential and integral part of a faith”

The Supreme Court of India began hearing  on a batch of petitions challenging validity of the Waqf (Amendment) Act, 2025. 

The apex court posed two questions at the beginning of the hearing 

-Should it (Supreme Court) hear the case or relegate it to the High Court?

-What are the points counsel intends to argue?

West Bengal Chief Minister Mamata Banerjee on Wednesday announced a compensation of ₹10 lakh to the families of those killed in the Murshidabad protest over the Waqf Amendment Act.

“Those who lost their houses will get Banglar Bari (a house scheme funded entirely by her government). For those whose shops were damaged, the Chief Secretary will take estimates and get the work done for them,” she added.

West Bengal Chief Minister Mamata Banerjee on Wednesday blamed the Border Security Force (BSF) and "foreign elements" for the “pre-planned” Murshidabad violence over the new Waqf Amendment Act.

At a meeting with imams, Mamata claimed the communal riot in Murshidabad was pre-planned. She said, “I came across news reports suggesting the involvement of elements from across the border in the Murshidabad unrest.”

“Isn’t it the BSF’s duty to guard the border?” she questioned. Read more

All India Sufi Sajjadanashin Council Chairman Syed Naseruddin Chishty said the Waqf Amendment Act is necessary for the “proper utilisation of Waqf management”. 

Backing Prime Minister Narendra Modi, the Muslim cleric said the government's intent behind the move is "very clear."

"What PM Modi said yesterday made his intent very clear. He said that the Waqf Act is being amended so that there is proper utilisation of Waqf management, its properties, its funds and upliftment of poor Muslims. That is what the PM said, and it is absolutely correct. I agree with him. The Govt's intent is very clear... I, too, am very hopeful that with the new Act, the Waqf Fund will be properly utilised for the welfare of society," Syed Naseruddin Chishty said.

Six BJP-ruled states including Madhya Pradesh and Assam have approached the Supreme Court to support Waqf (Amendment) Act, 2025 ahead of the top court's hearing of petitions against the constitutional validity of the new law.

The six BJP-ruled states -- Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam -- have filed separate pleas highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.

Amid rising protests against the Waqf Amendment Act, West Bengal Chief Minister Mamata Banerjee will meet prominent Muslim clerics and religious leaders from across the state at Kolkata's Netaji Indoor Stadium on Wednesday.

The meeting is expected to address the community's grievances and chart a way forward.

The Act seeks to improve the management of waqf properties by promoting representation from various Muslim sects, preserving heritage sites, and providing support to marginalised communities, including Muslim widows and divorcees.

Earlier, Prime Minister Narendra Modi had praised the legislation, emphasising its role in addressing transparency and accountability issues within the waqf system.

Advocate Barun Kumar Sinha says, “On behalf of Hindu Sena chief Vishnu Gupta, I have filed intervention application in one of the petitions. In that, we have prayed that the amendment which has been brought in in Waqf Act 1995 is absolutely in consonance with the Constitution of India. Nobody's fundamental right has been violated. This amendment has been brought after the Govt of India carried out a very deep study on the complaints received from various parts of the country. Thereafter, this amendment was necessitated and then it has been brought in.”

He added, "So, the draconian provisions of Waqf Act 1995 have been amended. Those amendments are absolutely in the teeth of the Constitutional provisions. So, nobody's fundamental right has been violated. So, we are challenging the very locus standi of the petitioners because these petitioners belong to some of the political parties and those political parties have brought in these writ petitions. So, we will bring in all these facts before the Supreme Court and oppose any interim prayer made by these petitioners before the Supreme Court."

Advocate Pradeep Yadav, representing a petitioner who has filed a plea against Waqf AmendmentAct, says, "The petitions have been notified for 2 pm. The matter would be heard at 2 pm in the court of the Chief Justice. I am representing two people, we have two writ petitioners, one by Tayyab Ahmed Sulemani and the other by Anjum Qadri. Our argument on both writ petitions is that it should be admitted following which we have demanded interim stay. It means that there should be a stay on implementation..."

Former TMC MP Ahmed Hasan Imran says, "These protests against the Waqf Amendment Bill are absolutely valid. The entire Muslim population of the country thinks that the Govt has forcefully imposed the Waqf Amendment Bill. No Muslim has supported this bill. No one asked for this bill. The govt wants to take control of all the property of the Waqf. Protests will continue against this..."

In India, several properties fall under Waqf, which include mosques, Eidgahs, dargahs, khanqahs, imambaras, and qabristans (graveyards), among others.

According to the government, the 1995 Act lacked robust mechanisms for regulating Waqf properties, resolving title disputes, and preventing the illegal occupation of Waqf land.

It further highlighted concerns such as the lack of diversity in the composition of Waqf Boards, misuse of power by Mutawallis (caretakers), poor coordination with local revenue departments, and the sweeping authority given to Waqf Boards to claim properties, which often led to disputes and litigation.

Peoples' Democratic Party leader Iltija Mufti on Tuesday accused the ruling National Conference in Jammu and Kashmir of "letting down" the Muslims of the country by not raising its voice against the Waqf Amendment Act.

"Farooq Abdullah should tell us why his party did not bring a resolution in the assembly against the Waqf Bill even though J-K is the only Muslim majority state in India. (PTI)

The Union Minister for Minority Affairs said that the intention of the Union government was to ensure that in India there is no provision for anybody to "forcefully and unilaterally" take away someone's land, ANI reported.

He said that the Waqf law was amended as certain provisions in it gave "unprecedented power and authority to the Waqf Boards".

"This is not targeted at Muslim community. it is to correct mistakes of the past," he said.

Ministry of External Affairs spokesperson Randhir Jaiswal said Pakistan has no locus standi to comment on a matter that is internal to India.

"We strongly reject the motivated and baseless comments made by Pakistan on the Waqf Amendment Act enacted by the Parliament of India. Pakistan has no locus standi to comment on a matter that is internal to India. Pakistan would do better to look at its own abysmal record when it comes to protecting the rights of minorities, instead of preaching to others," Jaiswal said.