‘Make a strong case, courts don't interfere unless...’: CJI Gavai during Waqf case hearing

The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5

A hearing is currently underway in the Supreme Court on pleas challenging validity of the Waqf (Amendment) Act, 2025 – headed by a bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih.

During the hearing, senior advocate Kapil Sibal, appearing for the petitioners, said the act is an attempt to capture waqf properties by the government. “It is about constitutionality… Courts don’t usually interfere.. So unless you make a very strong case.. Because the presumption is with regard to constitution of the statute," CJI Gavai responded, according to a report by CNN-News18.

Earlier today, the Centre urged the top court to confine the hearing on pleas challenging the validity of the Waqf (Amendment) Act for passing interim orders to three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”.

"The court had earmarked three issues. We had filed our response to these three issues. However, petitioners' written submissions now extend to several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only," Solicitor General Tushar Mehta, appearing for the Centre, said.

The submission was opposed by senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, that there cannot be any piecemeal hearing.

On April 17, the Centre assured the top court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the central waqf council and boards till May 5.

The Centre had opposed the apex court's proposal to pass an interim order against the denotification of waqf properties, including "waqf by user" aside from staying a provision allowing the inclusion of non-Muslims in the central waqf councils and boards.

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

Last month, the Waqf (Amendment) Act, 2025 was notified by the Centre after it received President Droupadi Murmu's assent on April 5.

The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.