In a significant development on Thursday, the Supreme Court declined to grant an interim stay on the newly introduced Waqf (Amendment) Act, 2025, but issued a firm directive to preserve the current status of all Waqf properties—whether formally registered or recognized through the practice of "waqf by user."
A Bench of the apex court made it unequivocally clear that "there should be no alteration in the character of any Waqf property" until further hearings take place. This means all properties under Waqf jurisdiction, irrespective of their categorization, are to remain untouched.
Adding to its interim directions, the court barred any new appointments to Waqf Boards across the country during this period, seeking to avoid administrative changes that might affect the ongoing judicial review.
The Centre has been granted a 7-day window to file its preliminary response along with all relevant documents pertaining to the amendment. The court’s decision reflects a cautious approach—acknowledging some merit in the law while ensuring the matter isn't pre-empted by changes on the ground.
Observing the provisions of the Act, the Supreme Court noted that “the legislation contains certain positive provisions and therefore a complete stay on the law is not justified.” However, the court emphasized that “the current situation should not be disturbed while the matter remains under judicial consideration.”
