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Supreme Court Transfers Waqf Act Challenges to Incoming Chief Justice Gavai

Retiring Chief Justice Sanjiv Khanna declines interim orders, setting May 15 for detailed hearings under new leadership.

The court last heard the matter on April 17 when it allowed Centre to file a response on several legal issues raised in over 70 petitions filed before the top court. (Ht Archive)
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Overview

  • The Supreme Court has reassigned over 70 petitions challenging the Waqf (Amendment) Act, 2025, to a bench led by Justice B. R. Gavai, who will assume the role of Chief Justice on May 14.
  • Current Chief Justice Sanjiv Khanna refrained from issuing any interim orders before his retirement on May 13, citing the need for a detailed hearing.
  • The petitions contest key provisions of the amended Act, including the abolition of 'waqf by user', mandatory written declarations for waqf creation, and the inclusion of non-Muslims in waqf governance bodies.
  • The Centre defended the amendments in a 1,332-page affidavit, arguing they address misuse of waqf laws and citing a significant increase in waqf land claims since 2013.
  • The court has maintained the status quo on waqf appointments and property changes until the next hearing, scheduled for May 15.