Waqf Act: Centre files affidavit in Supreme Court, seeks dismissal of pleas challenging validity

On Friday, the Union government submitted a preliminary affidavit in the Supreme Court, seeking dismissal of cases challenging the constitutionality of the Waqf (Amendment) Act, 2025. The affidavit was signed by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs.

In a 1,332-page preliminary counter-affidavit, the Centre rejected a stay on any portions of the Act, stating that it is a well-established legal principle that constitutional courts will not stay a statute provision, either directly or indirectly, and will rule on the case in the end, ANI reported. The government defended the contentious rule, claiming that "shockingly" more than 20 lakh hectares (precisely 20,92,072.536) of waqf land were added since 2013.

It argued that removing statutory protection for a Waqf-by-user does not deprive a member of the Muslim community of the right to establish a Waqf. The declaration goes on to say that a "deliberate, purposeful, and intentionally misleading narrative" is being developed very mischievously, giving the idea that Waqfs (including 'Waqf-by-user') without a document to back up their claims will be affected.