New Delhi: The Supreme Court of India, led by Chief Justice Sanjiv Khanna, on Wednesday issued a significant interim order in the ongoing legal challenge to the Wakf (Amendment) Act introduced by the Narendra Modi government. The apex court directed that no fresh appointments can be made to either the Wakf Board or the Wakf Council until the next hearing on May 5, 2025.
This comes in response to over 72 petitions filed in the Supreme Court, challenging the constitutional validity of the amended law. The petitions have been filed by Muslim organizations, Opposition MPs, and several regional political leaders. Meanwhile, BJP-ruled states have stepped in to defend the law before the court.
Key Petitioners Include Prominent Political Leaders
The list of petitioners includes:
Manoj Jha – RJD MP from Bihar
Mahua Moitra – Trinamool Congress MP from West Bengal
Mohammed Salim – CPM West Bengal State Secretary
Nawsad Siddique – ISF MLA
Humayun Kabir – TMC MLA from Bharatpur
All the cases were clubbed together for a joint hearing before a three-judge bench headed by CJI Sanjiv Khanna.
Communal Tension in Murshidabad Raises Judicial Concern
Although not mentioned explicitly during the hearing, recent unrest in Murshidabad over the implementation of the new Wakf law was clearly on the court’s radar. Chief Justice Khanna remarked: “The violence that is taking place is deeply concerning. When the matter is under consideration before the Supreme Court, such incidents should not occur.”
Can Non-Muslims Join Wakf Board? SC Poses Tough Questions
A key point of contention in the new law is the inclusion of non-Muslim members in the Wakf Board. The Supreme Court raised a sharp counter-question: “Will the government allow Muslims to be members of boards dealing with Hindu religious properties?”
SC Discusses Three Legal Routes and Interim Relief Possibilities
The Chief Justice outlined three potential paths:
1. The Supreme Court itself may hear and decide all petitions
2. The matters may be sent back to respective High Courts
3. The Supreme Court may withdraw all High Court cases to deliver a consolidated ruling
During the proceedings, the bench also discussed possible interim directions, such as:
1. Once a property is declared Wakf by the court, it cannot be treated otherwise
2. Disputes regarding Wakf properties can be investigated by district magistrates, but no final action can be taken
3. Members of Wakf Boards or Councils must be Muslims, except those joining ex officio
However, none of these interim directions were formally passed.
Centre Defends Law, But Court Cautions Against Disruption
The government was represented by Solicitor General Tushar Mehta, who defended the amendment. The CJI responded: “There may be some good aspects in the new law, but we do not want a change that causes disruption.”
Next Hearing on May 5 – Key Orders May Be Issued
The next hearing in this high-stakes case will be held on May 5, 2025. The bench has indicated that further directions may be passed on that day, depending on the developments.
In the meantime, the Supreme Court has made it clear:
No appointments to Wakf Boards or Councils will be permitted
No change can be made to Wakf properties registered under the Wakf Act, 1995