The Supreme Court commenced hearings on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench headed by Chief Justice of India DY Chandrachud expressed serious concern over the violence erupting across states in relation to the Act.
“The one thing that is very disturbing is the violence that is taking place. The issue is before the court, and we will decide,” said CJI Chandrachud during the proceedings.
The Court engaged in a detailed discussion with Solicitor General Tushar Mehta on the contentious issue of Waqf-by-user properties, which have become a focal point in the legal challenge.
The bench observed, “As far as Waqf-by-user is concerned, it’s difficult to register. You have a point; it is misused, but you cannot say there is no genuine Waqf by the user.” CJI further questioned how the government planned to register such properties and what documents would serve as proof.
“If Waqf-by-user properties are denotified, it will be an issue. It will lead to undoing something. Yes, there is some misuse, but there are genuine ones also. If you undo it, then it will be a problem,” the CJI remarked.
Solicitor General Mehta argued that the system had been prone to abuse and suggested a structured legal mechanism to regulate the process. However, the Court reiterated the need for caution, stating that sweeping denotification could impact authentic Waqf claims.
