New Delhi — As his retirement nears, Chief Justice of India Sanjiv Khanna has referred petitions challenging the Waqf (Amendment) Act, 2025 to a new bench led by his successor, Justice BR Gavai, who is set to assume office as the next Chief Justice on May 14, reported the Tribune.
The case was heard by a three-judge Bench headed by CJI Khanna, who noted that the matter required comprehensive deliberation, and he preferred not to pass any interim order or reserve a judgment at this stage. “We have not deeply examined the Centre’s counter affidavit. Some data provided appears disputed and will need further scrutiny,” Justice Khanna observed.
He further clarified, “This matter must be heard at an early date. I am not passing any interim order. The hearing will now be taken up by Justice Gavai’s Bench.”
The case is now listed for May 15, when Justice Gavai will begin hearing it for both interim relief and a final verdict. Both the Centre, represented by Solicitor General Tushar Mehta, and the petitioners’ counsels — senior advocates Kapil Sibal and AM Singhvi — expressed no objection to the case being moved to the new Bench.
The amendment to the Waqf Act, notified on April 8, 2025, eliminates the provision of ‘waqf by user’ — a practice where land used for religious or charitable purposes over time could be declared waqf. The revised law mandates formal declaration or endowment as the only valid means to designate waqf property henceforth.
The legal challenge to this change has stirred wide interest, particularly among Muslim communities and rights groups, as it potentially impacts numerous long-standing waqf properties across the country.
