SC expresses concern over violence during Waqf Act protests

The Supreme Court on Wednesday voiced concern over incidents of violence linked to protests against the Waqf (Amendment) Act, 2025, and posted the matter for further hearing on Thursday.

“One thing that is very disturbing is the violence which is taking place. Once the matter is before court, it should not happen,” said a bench led by Chief Justice of India Sanjiv Khanna, also comprising Justices Sanjay Kumar and K.V. Viswanathan.

The top court is hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which modifies key provisions of the original Waqf Act, 1995. The next hearing is scheduled for Thursday at 2 p.m., during which the court will also consider the Union government’s arguments against the issuance of any interim order.

During the proceedings, the court proposed passing an interim order that would prevent any denotification of properties already declared as waqf, either through court orders or otherwise. It also indicated that it may stay the application of a contentious provision that bars treating a property as waqf while a Collector is conducting an inquiry to determine if the land belongs to the government.

Additionally, the bench expressed intent to pass an interim order directing that all members of waqf boards and the Central Waqf Council—except ex-officio members—must be Muslims.

However, Solicitor General Tushar Mehta opposed any interim relief at this stage. He urged the court to hear the Union government’s side before passing any order and sought time to file a formal response. Mehta also suggested that the case be heard on a day-to-day basis if needed.

At the start of the hearing, the bench raised two key questions: whether the Supreme Court should entertain these writ petitions or refer them to the respective High Courts, and what specific relief the petitioners were seeking.