Former CJI Sanjeev Khanna had stated that, generally, a stay on legislation is not granted at this stage unless there are exceptional circumstances. The removal of 'Waqf-by-User' constitutes such an exception, potentially leading to serious consequences.
Waqf Bill: The Supreme Court will resume hearing today on the validity of the Waqf (Amendment) Act, 2025. The bench comprising the new Chief Justice of India (CJI), B.R. Gavai, and Justice Augustine George Masih, will hear the case.
Why the Controversy Surrounding the Waqf Act 2025?
The Waqf (Amendment) Act, 2025, abolishes the concept of 'Waqf-by-User'. This refers to properties that have been utilized for Muslim religious purposes for an extended period, even without formal registration.
Eliminating this concept could question the validity of numerous Waqf properties. This has led to petitions challenging the Act, ultimately reaching the Supreme Court.
Former CJI Sanjeev Khanna's Significant Observation
A bench headed by former Chief Justice Sanjeev Khanna heard the case on April 17th. He observed, "Generally, we do not stay legislation at this stage unless there are exceptional circumstances. This case appears to be an exception. The de-notification of 'Waqf-by-User' could have serious repercussions."
Justices P.V. Sanjay Kumar and K.V. Viswanathan were also part of that bench.
Hearing Under the Leadership of New CJI Gavai
The case will now be heard by CJI B.R. Gavai. This is his first major constitutional case. Justice Gavai has extensive judicial experience and expertise in various constitutional, criminal, civil, and environmental laws.
Who is Justice B.R. Gavai?
Born: November 24, 1960, Amravati, Maharashtra
Commenced Legal Practice: 1985
Independent Practice at Bombay High Court: 1987-1990
Standing Counsel and Public Prosecutor at Bombay High Court
Additional Judge, Bombay High Court: 2003
Supreme Court Judge: 2019
Part of Several Important Decisions in Constitutional Benches
Over the past six years, he has worked in approximately 700 benches and authored over 300 judgments, including significant decisions related to civil rights and the rule of law.
What Might Happen Next in the Waqf Case?
The Supreme Court will decide whether to stay the 'Waqf-by-User' provision of the Waqf (Amendment) Act, 2025. Additionally, the validity of non-Muslim representation on Waqf Boards and the powers conferred upon the Collector are also being challenged.
If the court stays the provisions of this Act, it will significantly impact Waqf properties nationwide. Conversely, if the stay is not granted, the status of many long-standing Waqf claims could change.
Disputes regarding Waqf properties have been ongoing in several states. The decision related to this Act will directly impact ordinary citizens, institutions, and administrative processes. Therefore, today's hearing is considered highly significant.
