Waqf Act: Centre files affidavit in Supreme Court
The Union government today filed its preliminary affidavit in the Supreme Court, seeking the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The affidavit was filed by Shersha C Shaik Mohiddin, joint secretary in the ministry of minority affairs.
In a 1,332-page preliminary counter affidavit, the Centre opposed a stay on any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally, ANI reported.
The government defended the contentious law saying that “shockingly” after 2013, there were an addition of over 20 lakh hectare (precisely 20,92,072.536) in waqf land.
It argued that taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf.
The Centre further said that those who avoided getting registered under ‘waqf by user’ cannot claim the benefits of the proviso.
‘Waqf by user’ refers to land or property that is considered waqf due to its long-term use for religious purposes. Even without formal documentation or a written deed, such property could be declared ‘waqf by user’, depending on its usage over time.
Earlier this month, the Supreme Court flagged concerns over the removal of the ‘waqf by user’, the inclusion of non-Muslims on waqf boards and the powers of the Collector when it comes to determining the status of waqf on disputed government land.