Key Points

A bench of Chief Justice of India B.R. Gavai and Justice A.G. Masih heard the petitioners’ and the government’s views over three hearings before deciding to reserve their order.

The validity of the Act, which came into effect on April 5 with the Presidential assent, has been challenged by, among others, All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi and Congress MP Mohammad Jawed.

When a lawyer raised the issue of donation being the essence of Waqf, Chief Justice Gavai said: "Charity is a fundamental principle of other religions also."

The petitioners moved the court, contending that the amendment amounts to discrimination against Muslims.

Appearing for a petitioner, senior advocate Kapil Sibal called the amended Waqf law’s provisions "unconstitutional" and "arbitrary".

He objected particularly to the clause that suspends the Waqf status of a property during an ongoing investigation.

"There’s no timeline for the probe. It could last six months or more. During that period, the Muslim community would be denied access or rights over the property," Sibal said.

"Who decides if a property is government-owned or Waqf? The process isn’t defined. The determination lies solely with the government, which can also alter revenue records — this is completely arbitrary," he added.

Appearing for the Muslim side, senior advocate Rajeev Dhavan argued that no external officer or authority has the right to declare what is or isn't essential to a religion.

"Waqf is not just a legal entity, but a spiritual and social institution deeply woven into the lives of Muslims," said Dhavan, citing past Supreme Court judgments.

In a striking comparison, he pointed to Hinduism: "Even temples are not essential in Hinduism as per the Vedas — nature worship exists: fire, water, rain, mountains, and oceans are revered."

Earlier, Solicitor General Tushar Mehta, while presenting the government’s view, said that the concept of Waqf is not essentially a religious practice.

He said boards administering such Waqf properties were engaged in secular and administrative functions.

The new law amended the Waqf Act, 1995, to address the regulation of Waqf properties, that is, religious endowments or properties dedicated exclusively for religious or charitable purposes under Islamic law.

According to the petitioners, the amendment amounts to discrimination against Muslims and unwarranted interference in Islamic religious affairs and the management of waqf properties.

On April 17, the apex court decided not to order a stay on the Act after the government's assurance that it would not implement some provisions for the time being.

- IANS