The Centre on Tuesday urged the Supreme Court to confine the hearing on pleas challenging the validity of the Waqf (Amendment) Act for passing interim orders to three issues, including the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih was asked by Solicitor General Tushar Mehta, appearing for the Centre, to confine the proceedings identified by the earlier bench.
"The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only," the law officer said.
The submission was opposed by senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, that there cannot be any piecemeal hearing.
One of the issues is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.
The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members.
The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
The hearing is underway and Sibal commenced advancing submissions and is referring to the background of the case.
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