Solicitor General’s assurance in the Supreme Court; the government has been asked to respond within seven days
The next hearing is on May 5, 2025
We are confident that the final decision of the court will be in favor of justice and the Constitution: Maulana Arshad Madani
New Delhi:On the petition filed against the Waqf Amendment Act, the Supreme Court of India continued its hearing for the second consecutive day today. During the proceedings, the Supreme Court made it clear that there will be no changes to the Waqf by user, and that no appointments will be made to the Waqf Board or Waqf Council under the new law.
President Jamiat Ulama-i-Hind, Maulana Arshad Madani, expressed satisfaction and great happiness over today’s legal progress. He stated that the points in the new law to which we had strong objections—and which are extremely harmful to Waqf properties—were the very points on which the lawyers focused their full arguments. The comments made by the judges of the bench, especially Chief Justice Sanjiv Khanna, regarding these points were not only significant but also reinforce our stance that our opposition to the new Waqf law is fully justified. The seriousness and attention with which the Supreme Court has addressed this matter clearly indicates that the Court acknowledges this as an extremely sensitive issue.
Maulana Madani also expressed his gratitude to the lawyers who presented well-prepared and reasoned arguments in court regarding the Waqf and the new Waqf law. In particular, he highlighted the argument presented yesterday by the country’s senior advocate, Mr. Kapil Sibal, calling it a historic one. Alongside this, he also thanked all the justice-loving individuals, organizations, and leaders across the country who are not only at the forefront of opposing the Waqf Amendment Act but are also standing in solidarity with Muslims during this time of crisis. He further stated that no one can deny the fact that the power to legislate lies with governments, but if that power is used negatively or for wrongful purposes, then it becomes a democratic duty to oppose it.
Maulana Madani clarified that the very provisions or clauses of the new law over which the Chief Justice has expressed deep concern are the ones we have been opposing from the very beginning. Even during our meeting with the Joint Parliamentary Committee, we had conveyed our strong concerns regarding these provisions, trying to make the committee members understand how destructive these clauses are for our Waqf properties. Unfortunately, our voices were not heard. If they had been, we wouldn’t have been compelled to seek justice through the courts. He concluded by saying that when all other avenues for justice were closed, we were left with no choice but to pursue a legal struggle. So far, we are satisfied with the legal progress, and we have full hope that the court’s final verdict will be in favor of justice and the Constitution, God willing (InshaAllah).
On the other hand, Solicitor General Tushar Mehta requested the three-member bench not to issue any interim order. He assured the Supreme Court that till the next hearing of this case, the amendments objected to will not be implemented, i.e., no action will be taken on the declared and undeclared Waqf properties, Waqf by User, and no appointments will be made to the Waqf Board.
The Solicitor General requested the court to allow him to present documents before the bench to explain why the Government of India introduced the amendments, and who stands to gain or lose from them. He further informed the court that the Government of India should be given at least one week’s time so that it can present its case before the court with full preparation. Because it is not usually the case that the Supreme Court imposes an interim stay on a law made by Parliament, but yesterday’s proceedings made it apparent that the Court seems inclined to consider granting an interim stay on certain amendments.
The Solicitor General further stated that several states and Waqf Boards have approached the Supreme Court in support of these amendments. Therefore, it would be better for the Supreme Court to pass a judgment after hearing their arguments. The Chief Justice accepted the Solicitor General’s request on the condition that no action will be taken on the amendments to the law until the next hearing of the case. In other words, these amendments will not be implemented.
The court ordered the Solicitor General to file the government’s position through an affidavit within a week and to file a response to the petitions filed against these amendments within a week. The court issued an order to hear this case two weeks later. In the meantime, the court passed an important order stating that, instead of hearing all petitions against the Waqf amendments, it would only hear five petitions. The remaining petitions would be accepted as interveners, and only the arguments of five senior counsel would be heard.
The court further issued an order stating that the title of the case would be assigned by the court itself, rather than being based on any party’s name. Appearing on behalf of Jamiat Ulama-i-Hind, Senior Advocate Kapil Sibal assured the court that five petitions would be selected and notified to the registrar. During yesterday’s hearing, while representing Jamiat Ulama-i-Hind, Senior Advocate Kapil Sibal had a detailed argument with the court regarding the recent amendments made in the Waqf Amendment Act of 2025 and requested the court to declare it unconstitutional. Following this, the court had issued a notice to the central government.
This important case is being heard by a three-member bench, led by Chief Justice of India Sanjiv Khanna, with Justices Sanjay Kumar and K.V. Viswanathan as members. On behalf of Jamiat Ulama-i-Hind, Senior Advocate Kapil Sibal was assisted in court today by Advocate-on-Record Fuzail Ayyubi, Advocate Shahid Nadeem, and others.
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Fazlur Rahman Qasmi
Press Secretary,
Jamiat Ulama-i-Hind, New Delhi
09891961134
