New Delhi: The Supreme Court on Thursday imposed an interim stay on certain provisions of the Waqf (Amendment) Act, 2025, and directed the central government to maintain the status quo until the next hearing. The court also made it clear that the status of waqf properties, including those declared as waqf by user, must remain undisturbed.

A bench comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan recorded the assurance given by Solicitor General Tushar Mehta that the government would not proceed with any appointments to the Central Waqf Council or State Waqf Boards under the amended Act at this stage.

The apex court directed:

• No appointments of non-Muslims to the Central or State Waqf bodies until further notice.
• Properties declared as waqf, including waqf by user—whether through notification or registration—shall not be de-notified or altered.
• The Union government must file its response within one week, and the petitioners may submit their rejoinders within five days thereafter.

The bench also noted that it would not be possible to hear all 72 petitions individually and decided to proceed with only five selected petitions for now. It instructed the lawyers to mutually decide which counsel would argue before the court.

A day earlier, on Wednesday, the court had posed tough questions to the Centre, asking whether the logic behind allowing non-Muslims in waqf bodies could also imply permitting Muslims in Hindu religious trusts. The bench also expressed concern over the implications of undoing the concept of waqf by user.

“How will you register such waqfs by user? What documents will they have? This will lead to undoing something. Yes, there is some misuse. But there are genuine ones too. I have gone through Privy Council judgments as well. Waqf by user is recognized. If you undo it, there will be a problem,” the bench observed.

The Waqf (Amendment) Act, 2025 received presidential assent on April 5, after being passed by both Houses of Parliament amid intense debate. In the Rajya Sabha, 128 members voted in favour while 95 opposed the bill. In the Lok Sabha, it passed with 288 votes in favour and 232 against.

A total of 72 petitions have been filed challenging the constitutional validity of the Act. Petitioners include AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.

The Centre has also filed a caveat in the apex court requesting that it be heard before any interim orders are passed.