The Indian Supreme Court’s intention to issue an interim order on the amended Waqf law was put on hold at the last minute today after the Centre and the states requested more time to marshal their arguments on the three points the court raised. 

The three-judge bench led by Justice Sanjiv Khanna will hear the matter again tomorrow.

The top court, hearing a bunch of petitions challenging the amended law, had expressed concern about the violence sparked during protests. It also questioned if Muslims would be included in Hindu religious boards.

At the end, the judges raised three points, indicating their intention to pass an interim order, putting some provisions of the amended law on hold. For all three procedures -- on which the rules have been amended -- the court expressed its intention to maintain status quo. 

Whatever property has been declared as Waqf by the user, or declared by the court, will not be notified, the judges said. Secondly, the Collector can continue the proceedings, but the provision will not be applicable. Third -- while ex-officio members can be appointed regardless of religion, others should be Muslims, the judges said.

"Normally we don't pass such interim orders, but this is an exception," said Justice Khanna, pointing out that the hearing can go on for six to eight months.  

At this point, the centre and the states objected against an interim order and sought more time.

The court said it was ready to allot another half-hour to let them have their say, but after some back and forth, the matter was postponed since it past 4 pm.

The next hearing will be held at 2 pm tomorrow.

The Waqf Amendment Bill was passed by parliament earlier this month after marathon debates in the Lok Sabha and Rajya Sabha.

But a clutch of petitions were filed in the Supreme Court, with the opposition and a section of the Muslim community being up in arms against some provisions of the law.

The matter is being heard by a three-judge bench of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and KV Vishawnathan.

The Supreme Court has repeatedly made it clear that it would not trespass into the domain of the legislature -- the separation of powers being made clear by the Constitution.

But as the final arbiter on issues involving Constitution, it has agreed to hear the petitioners, who insist that the amended law tramples on several fundamental rights, including the right to equality and the right to pursue religious practices.

Among those who challenged the law are leaders of the opposition parties including the Congress, Aam Aadmi Party, DMK, CPI and BJP ally Janata Dal United.

Religious organisations and NGOs like Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board have also filed their objections. Some have sought the cancellation of the law and others have requested for a freeze.

Source: NDTV

BDST: 2110 HRS, April 16, 2025
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