Suspense crime, Digital Desk : India’s Supreme Court will hear a set of petitions disputing the Waqf (Amendment) Act, 2025 on May 15, 2025. Justice Sheniv Khanna has chosen to voluntarily step aside from the issue expressing a need to retire on the 13th of May.

The case will now be taken over by Justice BR Gavai who will become Chief Justice of India on May 14.

Statements From CJI Khanna On The Case

According to CJI Khanna some parts of the counter-affidavit are indeed very complex and will require a lot of deliberation but binding determination cannot be established at this phase sso some bypass can be possible; at this moment in time his ruling has to be the entire case cannot be accepted in full.

During the hearing he was quoted saying “this matter will have to be heard on a reasonably early date and this will not be before me.”

Tushar Mehta, the Centre’s Solicitor General, brought up the CJI’s retirement while saying the following:

“I would have loved to pursue your lordship…but I cannot embarrass you as there is no time.”

CJI Khanna said with a light chuckle,

“No no, I am looking forward to it.”

Background of the Waqf (Amendment) Act, 2025

The Waqf (Amendment) Act 2025 has received the endorsement of Parliament, and with President Droupadi Murmu’s signature of approval on April 5, the Act formally commenced. The Lok Sabha passed the Bill with 288 votes in favor and 232 opposed, and it was subsequently passed in the Rajya Sabha with 128 votes in favor and 95 votes against.

Along with significant political contention, the Act has elicited considerable legal backlash which has culminated in five petitions consolidated under the title ‘In Re the Waqf (Amendment) Act, 2025.’ AIMIM chief Asaduddin Owaisi is the petitioner for one of these.

Centre’s Position and Assurance before the Supreme Court

The oppositional stance presented by the Centre claims legislative intent on April 25 in their affidavit for the purpose of assuring the court stayed ruling challenged legislation presumed constitutional.

Also, the government commented on the “waqf by user” which describes as waqf property claimed through long use of religious or charitable activities without necessary declaration.

On April 17, the Centre gave its word to the supreme court that it would not waqf properties or make constituency appointments to the Central Waqf Council and the state boards till the 5th of May.

Opposition to the Act

The Act has been contested by a broad-based coalition which includes:
– Political parties such as DMK, YSRCP, AIMIM and even the Left
– Civil society and a number of other non-governmental organizations
– Muslim community organizations

These groups contend that the Act violates religious freedoms, imposes vague standards for the recognition of properties, and is largely overbearing with the powers it endows on the waqf boards.

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