The Delhi High Court has issued notice to the Government of India on a petition seeking consolidation of all petitions challenging the constitutional validity of the Waqf Act, 1995, as well as the Waqf (Amendment) Act, 2025.
The Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad passed the order on Wednesday on a PIL filed by Advocate Ashwini Kumar Upadhyay.
The PIL sought consolidation of all petitions challenging the laws related to waqf properties.
The Counsel appearing for the Central government apprised the High Court that apart from the instant plea, nearly 120 writ petitions challenging one or more provisions of the Waqf Act 1995 were pending before various courts across the country.
He sought an extension of three months to submit a response in the matter, which was granted by the High Court.
The Union government also filed an application in the High Court, stating that it was essential to ensure a clear and consistent view was taken in all pending matters, which involved not only a thorough examination of petitions, but also discussions with stakeholders like state governments and consultation with government counsels.
In most cases, the counter affidavits were yet to be filed, noted the Centre, adding that the petitioner in the present case has already filed a plea before the Supreme Court seeking transfer of all cases.
Upadhyay said during the hearing that given the volume of cases, the Union government should file a petition seeking transfer of all cases to one court.
The lawyer challenged certain provisions of the 2025 Act and also sought a direction to the Centre to enact a ‘uniform’ law for trust and trustees, charities and charitable institutions, and religious endowments and institutions.
He claimed that Waqf properties could not enjoy any ‘special rights,’ which were not given to the trusts, charitable and religious institutions run by non-Islamic religious groups.
The PIL contended that the special status granted to Waqf properties was manifestly arbitrary, irrational and violated Articles 14 and 15 of the Constitution.
It further termed the creation of the Waqf Tribunal as arbitrary and prayed that every dispute of civil nature be decided by a civil court.
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