Over a 100 petitioners described the act as a “creeping acquisition” of Muslim properties while the government defended as a necessary counter to “rampant encroachment” on public and private properties
New Delhi: The Supreme Court on Monday (September 15, 2025) pronounced judgment on a plea to stay the implementation of the Waqf (Amendment) Act, 2025. Over a 100 petitioners described the act as a “creeping acquisition” of Muslim properties while the government defended as a necessary counter to “rampant encroachment” on public and private properties. The Chief Justice of India, while hearing plea, said that the Commissioner cannot be given authority to decide ownership rights of the property.
To recall, a bench headed by Chief Justice of India B.R. Gavai had heard the case back-to-back for three days in May, the very same month he took over as top judge. The hearing was wrapped up on May 22 and the case reserved for judgment.
Key takeaways:
- A stay under the law can be granted only in the rarest of rare situations: CJI
- We have examined all the provisions of the law: CJI
- The registration system for Waqf property has been in place since 1923: CJI
- We are not staying the entire Waqf law
- A stay is being placed only on certain provisions of the new law.
- The Supreme Court has stayed the requirement of practicing Islam for five years in order to make a Waqf.
