Waqf case: Centre urges SC to confine proceedings to three issues for passing interim orders
New Delhi (PTI): The Centre on Tuesday urged the Supreme Court to confine the hearing on pleas challenging the validity of the Waqf (Amendment) Act for passing interim orders to three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih was asked by Solicitor General Tushar Mehta, appearing for the Centre, to confine the proceedings identified by the earlier bench.
“The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only,” the law officer said.
The submission was opposed by senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, that there cannot be any piecemeal hearing.
One of the issues is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.
The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members.
The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
The hearing is underway and Sibal commenced advancing submissions and is referring to the background of the case.
On April 17, the Centre assured the top court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the central waqf council and boards till May 5.
The Centre had opposed the apex court's proposal to pass an interim order against the denotification of waqf properties, including "waqf by user" aside from staying a provision allowing the inclusion of non-Muslims in the central waqf councils and boards.
On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".
The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5.
The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
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Cummins doubtful for T20 World Cup? It's quite grey right now, says Aus head coach
Melbourne (PTI): Australia skipper Pat Cummins' chances of playing at next year's T20 World Cup in India and Sri Lanka are "quite grey at the moment" as he battles a back stress issue that has affected his participation in the ongoing Ashes series against England.
Cummins returned to play the third Ashes Test in Adelaide after missing the opening two matches, picking up six wickets to help Australia clinch the series 3-0.
However, the Australian Test and ODI skipper will take no further part in the series and even his participation at the T20 World Cup is also uncertain. All-rounder Mitchell Marsh is Australia's T20I captain.
"Looking forward to the World Cup, whether he will be there or not, I can't really say. It's quite grey at the moment. We're hopeful," head coach Andrew McDonald was quoted as saying by 'ESPNCricinfo'.
The fast bowler was diagnosed with a lumbar stress reaction during Australia's tour of the West Indies in July. He underwent rehabilitation before being cleared for a carefully managed return in Adelaide.
"He's pulled up fine. He won't play any part in the rest of the series and that was a discussion that we had a long time out around his return," McDonald said.
"We were taking on some risk and people that reported on that would understand the risk associated with that rebuild. We've now won the series and that was the goal.
"So, to position him for further risk and jeopardise him long-term is not something that we want to do and Pat's really comfortable with that," he added.
The T20 World Cup is scheduled to begin on February 7 across India and Sri Lanka with the summit clash set for March 8.
Australia's first match is on February 11 against Ireland at Colombo. Although Cummins captains the Test and ODI teams, all-rounder Mitch Marsh leads Australia in the shortest format.
