Lucknow (Uttar Pradesh) [India], April 17 (ANI): The All India Muslim Personal Law Board (AIMPLB) on Thursday expressed concerns over the Waqf Amendment Act, citing potential violations of constitutional rights.
Maulana Khalid Rasheed Farangi Mahali, an AIMPLB member, emphasised that several provisions of the amendments contradict Articles 14, 15, 25, and 26 of the Indian Constitution, which guarantee equality, non-discrimination, and freedom of religion.
“Our only concern is that many provisions of the amendments are against many articles of our Constitution, especially Articles 14, 15, 25, and 26. We expect that the court will hear us in detail and give a judgment according to the Constitution of our country, which guarantees complete religious freedom…,” said Mahali.
AIMPLB hoped that the Supreme Court would thoroughly examine their concerns and deliver a judgment aligned with the Constitution, ensuring complete religious freedom.
“The Waqf properties are an essential part of our religion, and we should have given complete religious freedom to manage our religious properties,” said Mahali.
Meanwhile, the Centre assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and provisions on de-notifying Waqf properties, will not be given effect to for some time.
A bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan recorded the assurance given by Solicitor General Tushar Mehta, appearing for the Centre, to the apex court that, until the next date of hearing, Waqf properties, including ‘Waqf by user’, which are declared by notification or registered, will not be de-notified.
Furthermore, the Solicitor General assured the court that no appointments will be made to the Waqf Council or Waqf boards.
The Centre also sought additional time to file a response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The bench granted a week’s time for the Centre to submit a response, and petitioners will be allowed to file their rejoinder within five days thereafter.
The matter has been posted for hearing in the week commencing May 5. “The hearing on the next date will only be for directions and interim orders, if any,” the bench added.
The Supreme Court had previously indicated that it might stay certain key provisions of the Act, such as the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, the powers of Collectors to decide disputes over Waqf properties, and provisions related to de-notifying properties declared as Waqf.
The bench had also raised concerns about the potential impact of the new Act on properties not registered or documented, such as Waqf-by-user properties, which account for a significant number of Waqf properties in India.
Several petitions have been filed in the Supreme Court challenging the Act, arguing that it is discriminatory towards the Muslim community and violates their fundamental rights. The petitions include challenges from various individuals, MPs, and organisations such as the All India Majlis-e-Ittehadul Muslimeen (AIMIM), the All India Muslim Personal Law Board (AIMPLB), and others.
The Act was passed by Parliament after heated debates in both Houses, and President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, on April 5.
Defending the Act, BJP-led state governments in Rajasthan, Haryana, Maharashtra, Madhya Pradesh, Assam, Uttarakhand, and Chhattisgarh filed impleadment applications. Additionally, advocates and organisations, including those protecting the rights of tribals and Hindus, also submitted applications in support of the Act.
The Supreme Court’s next hearing on this matter will focus on directions and interim orders, with a final resolution expected to follow. (ANI)
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