'We're told Delhi High Court is...': CJI Sanjiv Khanna raises 'genuine concern' over Waqf by user concept
His comments came while hearing a bunch of petitions against the Waqf (Amednment) Act, 2025.
- Apr 16, 2025,
- Updated Apr 16, 2025 3:15 PM IST
Chief Justice of India (CJI) Sanjiv Khanna on Wednesday raised grave concerns on the concept of Waqf by user. He noted that even the Delhi High Court premises were once said to be on waqf land.
His comments came while hearing a bunch of petitions against the Waqf (Amednment) Act, 2025. "We are told Delhi HC is built on waqf land. We are not saying all waqf by user is wrong, but there is genuine concern," CJI Khanna said.
Furthermore, he said that one high court may be asked to deal with the pleas against the Act. Citing Article 32, Advocate Abhishek Manu Singhvi said that this matter was not the one to be sent to the High Court.
Singhvi stressed the need for the apex court to lay down the law while seeking a stay on certain provisions. To this, the Supreme Court bench said that such a request would be considered at a later stage.
The CJI further questioned senior advocate Kapil Sibal as to why the Parliament cannot enact laws for Muslims.
While reading out those sections of the act that are being challenged, Sibal asked: "Who is the state to tell us how inheritance will be in my religion?" Among the 'contentious' provisions was 3(r), provision to Section 3 which states that existing waqf by user will remain as waqf except in government property or in cases of dispute.
To this, CJI Khanna said that Article 26 of the Constitution is universal and secular in the way it applies to all.
"But in Hindus, it does happen. So, Parliament has enacted a law for Muslims... may be not like of the Hindus... Article 26 will not bar the enactment of law in this case... Article 26 is universal and it is secular in the fashion that it applies to all," the CJI said.
Sibal further claimed that in Islam, inheritance is after death and the government is interfering before that. He also challenged the provision that said only Muslims can create Waqf.
Furthermore, Sibal, who is appearing for Jamiat Ulama-i-Hind, questioned the powers of Collectors under new Waqf Act.
He said: "A Collector is the officer designated to decide whether a property is Waqf or not. If there is dispute. This person is a part of the government and is thus a judge in his own cause. This is per se unconstitutional. This also says that property will not be a Waqf till the officer decides so."
To this, CJI Khanna said that the status quo will be maintained, while questioning whether the collector's decision is amenable to the Court's jurisdiction or not.
Solictor General Tushar Mehta replied that the section 7(A) of the Act specifically mentions that in case of a disputed property, the waqf shall not be registered unless the dispute is decided by a competent court.
Chief Justice of India (CJI) Sanjiv Khanna on Wednesday raised grave concerns on the concept of Waqf by user. He noted that even the Delhi High Court premises were once said to be on waqf land.
His comments came while hearing a bunch of petitions against the Waqf (Amednment) Act, 2025. "We are told Delhi HC is built on waqf land. We are not saying all waqf by user is wrong, but there is genuine concern," CJI Khanna said.
Furthermore, he said that one high court may be asked to deal with the pleas against the Act. Citing Article 32, Advocate Abhishek Manu Singhvi said that this matter was not the one to be sent to the High Court.
Singhvi stressed the need for the apex court to lay down the law while seeking a stay on certain provisions. To this, the Supreme Court bench said that such a request would be considered at a later stage.
The CJI further questioned senior advocate Kapil Sibal as to why the Parliament cannot enact laws for Muslims.
While reading out those sections of the act that are being challenged, Sibal asked: "Who is the state to tell us how inheritance will be in my religion?" Among the 'contentious' provisions was 3(r), provision to Section 3 which states that existing waqf by user will remain as waqf except in government property or in cases of dispute.
To this, CJI Khanna said that Article 26 of the Constitution is universal and secular in the way it applies to all.
"But in Hindus, it does happen. So, Parliament has enacted a law for Muslims... may be not like of the Hindus... Article 26 will not bar the enactment of law in this case... Article 26 is universal and it is secular in the fashion that it applies to all," the CJI said.
Sibal further claimed that in Islam, inheritance is after death and the government is interfering before that. He also challenged the provision that said only Muslims can create Waqf.
Furthermore, Sibal, who is appearing for Jamiat Ulama-i-Hind, questioned the powers of Collectors under new Waqf Act.
He said: "A Collector is the officer designated to decide whether a property is Waqf or not. If there is dispute. This person is a part of the government and is thus a judge in his own cause. This is per se unconstitutional. This also says that property will not be a Waqf till the officer decides so."
To this, CJI Khanna said that the status quo will be maintained, while questioning whether the collector's decision is amenable to the Court's jurisdiction or not.
Solictor General Tushar Mehta replied that the section 7(A) of the Act specifically mentions that in case of a disputed property, the waqf shall not be registered unless the dispute is decided by a competent court.