'Properties declared as waqfs by courts shouldn't be de-notified': SC

'Properties declared as waqfs by courts shouldn't be de-notified': SC
16 Apr 2025

The Supreme Court warned against changing historical verdicts taken on public trusts while hearing a batch of petitions challenging the Waqf Act on Wednesday.

Over 70 petitions have been listed before the bench, challenging the Act.

The petitioners include AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, Dravida Munnetra Kazhagam (DMK) party, and Tamil actor Vijay, among others.

SC questions on Waqf land ownership
Land concerns

During the hearing, Justice Sanjiv Khanna said that when a public trust is declared to be a waqf 100 or 200 years ago, it cannot be changed automatically.

"You cannot rewrite the past!" he told Solicitor General of India Tushar Mehta, representing the Union.

The bench also said properties declared by courts as Waqfs should not be de-notified as waqfs, whether they are waqf-by-user or waqf by deed, while the court is hearing the matter.

Justice Khanna's remarks on Waqf registration
Registration issues

The bench, comprising Chief Justice of India Khanna, Justice Sanjay Kumar, and KV Viswanathan, also said that all members of the Waqf Boards and Central Waqf Council must be Muslims, except for ex-officio members.

No order was passed on Wednesday, and the court will continue hearing the parties at 2:00pm on Thursday.