A new petition has been filed in the Supreme Court between several petitions against the Waqf (Amendment) Act, 2025. This petition challenged the constitutional validity of the Basic Law-Waqf Act, 1995 on the basis that it provides unfair advantage to Muslims and discriminates with non-Muslims. Advocates Hari Shankar Jain and Mani Munjal filed a petition under Article 32 of the Constitution, which challenged the constitutionality of Section 3 (R), 4, 5, 6 (1), 7 (1), 8, 28, 29, 33, 36,41,52,83,85,89,101 of the Waqf Act 1995. It has been argued that these provisions violate fundamental rights under Articles 14, 15, 21, 25, 27 and 300A of the Constitution.
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The petitioners’ counsel Vishnu Shankar Jain mentioned the petition before Chief Justice Sanjeev Khanna and requested to list it immediately yesterday with other petitions challenging the Waqf (Amendment) Act 2025. The Chief Justice said that he would consider the request.
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Petitioners want the following instructions
1. The government should be instructed to identify the personal or religious Hindu properties that are taken by Waqf.
2. To withdraw the Shamalat Deh (shared land of the entire village), Shamlat Patti (shared land of the specific village group) or Jumla Mulcon (the land owned by many individuals).
3. Exclusion of Hindus/non-Muslims from the radius of Section 4 and Section 5 of the Waqf Act and exclude ‘any person suffering’ under sections 6 (1) and 7 (1).
(4) To allow Hindus/non-Muslims to visit civil courts in controversies related to Waqf.
(5) Non-Muslims should be excluded from the purview of sections 83 and 85 of the Waqf Act. Disputes between Waqf Board and non-Muslim properties should be decided by the Civil Court instead of the Waqf Tribunal.
