New Delhi

The decision wether to admit a bunch a petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, has been deferred to May 15, to let new Chief Justice Justice B R Gavai take a call.

The Supreme Court on Monday said the batch of pleas challenging the Act will be heard by Justice B R Gavai on May 15.

The incumbent CJI, Justice Sanjiv Khanna, who is set to retire on May 13, said that he would not want to reserve judgment or an interim order on the matter as certain aspects of the law needed clarification.

"There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me," CJI Khanna said.

The pleas were heard by a bench comprising Justices Sanjay Kumar and K V Viswanathan, apart from the CJI.

During the course of the hearing, the top court said that the Centre has raised some points on registration of waqf properties which would require a detailed hearing by the court.

"We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration," the CJI said.

Solicitor General Tushar Mehta assured the apex court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the Central Waqf Council and boards till further hearing on May 15.

The Centre had on April 25 defended the Wakf Act as a valid, lawful exercise of legislative power, in an affidavit filed before the top court.

"It is a settled position in law that the constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally," the Centre said, in its reply filed before the top court.

The Centre submitted that after 2013, there were an addition of over 20 lakh hectares (precisely 20,92,072.536) in waqf land.

"Right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India," the Centre said.

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It also justified the removal of the 'waqf by user' provision, which was criticised by the court in earlier hearings and said, "For last 100 years, wakf by user is recognised only upon registration and not by word of mouth. Hence, the amendment was in sync with consistent practice. There will be a maximum of two non-Muslims among 22 members in the Wakf Council and Aukaf Boards, a measure that is representative of inclusiveness and not intrusive of the administration of Wakfs."