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SC Bench to hear pleas against Waqf Act

A three-judge Supreme Court bench, headed by Chief Justice of India Sanjiv Khanna, will hear 11 petitions on April 16 challenging the constitutional validity of the Waqf Act 2025

New Delhi: A three-judge Supreme Court bench, headed by Chief Justice of India Sanjiv Khanna, will hear 11 petitions on April 16 challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The Bench, which also comprises Justices Sanjay Kumar and K.V. Viswanathan, will consider pleas filed by prominent figures including AIMIM leader Asaduddin Owaisi, TMC MP Mahua Moitra, AAP leader Amanatullah Khan, as well as petitions from the Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim, and RJD leader Manoj Kumar Jha. Several additional petitions remain to be listed by the apex court registry. Samajwadi Party MP Zia-ur-Rahman Barq from Sambhal has also recently filed a plea on the matter.
The Centre, which notified the Waqf (Amendment) Act, 2025 on Tuesday after receiving presidential assent on April 5, filed a caveat in the court on April 8. This precautionary step ensures that the government is heard before any order is passed on the issue. The Act was approved by Parliament following heated debates, with the Rajya Sabha passing it by a margin of 128 votes in favour to 95 against, and the Lok Sabha clearing it with 288 members supporting versus 232 dissenting.
Key petitioners have raised concerns over procedural irregularities and substantive constitutional violations. In her plea, TMC MP Mahua Moitra urged the court to strike down the Act entirely, citing that parliamentary norms were overlooked during both the drafting and adoption phases. “It is submitted that the violation of parliamentary practices during the law-making process has contributed to the unconstitutionality of the Waqf (Amendment) Act, 2025,” she said, referring to alleged breaches by the chairperson of the Joint Parliamentary Committee during the report’s preparation and presentation to Parliament.
Other entities, including the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, Dravida Munnetra Kazhagam (DMK), and Congress MPs Imran Pratapgarhi and Mohammad Jawed, have also joined the legal challenge.


( Source : Asian Age )
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