The Supreme Court on Thursday indicated that the batch of petitions challenging the Waqf (Amendment) Act, 2025, along with connected matters, would be listed on November 3, 2026, as lawyers raised concerns over changes in the status of waqf properties while the challenge to the law remains pending. The matter was heard by Chief Justice Surya Kant and Justice Joymalya Bagchi.
During the hearing, counsel submitted that the applicability of the Limitation Act and the removal of recognition for waqf by user could affect the status of properties claimed as waqf. He submitted that changes made in the meantime could become permanent or difficult to reverse if the pending challenge was not heard promptly.
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“If today the matters are not heard, then the grey area would become dark,” a counsel submitted.
Counsel further submitted that the status of waqf properties was changing because waqf by user and oral waqf were no longer being recognised in the same manner. Heargued that properties qualifying as waqf could lose that status while the constitutional challenge remained pending.
The Court also discussed how to deal with the growing number of intervention applications. The Court noted that 115 IAs had been filed by different applicants, each raising potentially distinct issues. The Court considered whether these should be dealt with as interlocutory applications or miscellaneous applications, or whether applicants should be granted liberty to pursue their claims separately.
When the court asked if any bench was constituted, the counsel submitted that bench led by Former CJI BR Gavai had passed interm orders.
Counsel suggested that many applications raised independent grievances and that the issues could be considered individually alongside the main proceedings.
The Court also allowed an intervention application filed by Sambir Singh, permitting him to assist the Court. After being informed that he had sought permission to appear in person or obtain legal representation, the Court directed that legal aid counsel would be arranged for him, keeping in view the complexity of the issues.
The Court further directed that the pending applications be listed in serial order along with the main matters. The batch is expected to be taken up on November 3, 2026.