Outgoing Chief Justice of India, Sanjiv Khanna, has declined to issue an interim order while hearing multiple petitions against the Waqf Amendment Act 2025. With his retirement just days away, CJI Khanna has referred the matter to Justice BR Gavai, his designated successor. The case will now be heard by a bench led by Justice Gavai on May 15.
What happened in last hearing?
The Supreme Court, in last hearing, directed the Central Government to maintain status quo on certain provisions of the recently enacted Waqf Amendment Act, 2025, while petitions challenging the law are under consideration. The Centre, through Solicitor General Tushar Mehta, assured the bench that no new appointments would be made to the Central Waqf Council or State Waqf Boards under the amended law until further orders.
Till now, the three-judge bench led by Chief Justice Sanjiv Khanna, along with Justices P.V. Sanjay Kumar and K.V. Viswanathan, had been hearing multiple petitions contesting the constitutional validity of the amended Act. While 72 petitions have been filed, the Court made it clear that only five would be considered for argument, asking lawyers to coordinate on who would present the lead cases.
The government also assured the apex court that Waqf properties particularly those declared through the “waqf-by-user” clause will not be disturbed or de-notified during this interim period. The status of such properties, already registered under the original 1995 Waqf Act, will remain unchanged. Collectors were also been directed not to alter the status of any waqf land until the matter was heard again on May 5 (that is today but the matter will now be heard on 15th May). This interim assurance was perceived as a sign of the government’s willingness to uphold due process while defending a legislation that seeks to bring long-awaited transparency and regulation to India’s Waqf management system.
