Supreme Court bars Waqf Council appointments as Centre seeks time to reply

The Supreme Court on Thursday directed the Centre not to make any appointments to the Central Waqf Council and state waqf boards for the time being. The directive came after the Centre sought time to file its preliminary response in the ongoing matter.

Solicitor General Tushar Mehta, appearing for the Centre, requested the court to grant a week’s time to submit the government's initial reply. "Allow a week to me to place preliminary reply with some materials," Mehta told the Bench, as reported by Bar and Bench.

In response, the Supreme Court said, "There should not be any appointment in Central Waqf Council and boards in the meantime."

During the hearing on Thursday on a batch of petitions challenging the recent Waqf (Amendment) Act, 2025, the Centre also said that non-Muslims will not be appointed to Central Waqf Councils or State Waqf Boards.

“Non-Muslims won't be appointed to Central Waqf Councils and State Waqf Boards,” the government told the apex court, addressing one of the primary concerns raised by petitioners opposing the amended legislation.

Waqf properties under 1995 Act cannot be disturbed: CJI

Chief Justice Sanjiv Khanna said that waqf properties registered under the Waqf Act of 1995 are protected from interference. He said, “If registration of any waqf properties has taken place under the 1995 Act then those properties cannot be disturbed.”

Replying to this, the Centre assured the top court that existing waqf properties, including those identified through the practice of "waqf by user", would not be disturbed until the matter is heard further. “Waqfs, including waqf-by-user, whether declared by way of notification or registration, will not be de-notified till the next date of hearing,” the Centre said.

Waqf SC hearing: Next hearing to be on May 5

The top court will resume hearing on the petitions challenging the Waqf Amendment Act on May 5.

CJI Khanna said, "The hearing on the next date will only be for directions and interim orders if any."

Further streamlining the proceedings, the CJI added, "Only five writ petitioners to be in court from next hearing. We only want five here. You select five. Others will be treated as either applications or as disposed off. We will not mention name. Now it will be called: In Re: Waqf Amendment Act."