CJI Recuses from Waqf Act Case; Interim Relief Deferred
In a significant judicial development, Chief Justice of India Sanjiv Khanna has recused himself from hearing the batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The move came during a critical phase of the Supreme Court’s proceedings, where an interim relief was anticipated but has now been deferred.
Waqf Act 2025
The Waqf (Amendment) Act, 2025 has triggered widespread controversy, with multiple political and civil groups petitioning against it. All related petitions have been consolidated under the title “In Re: Waqf (Amendment) Act, 2025.” The Supreme Court had earlier directed the Union government to respond with a consolidated affidavit and ordered that no waqf property—whether registered, unregistered, or waqf by usage—be altered, denotified, or interfered with until further notice.
During the hearings, the Centre, represented by Solicitor General Tushar Mehta, assured the court that there would be no appointments to the Central or State Waqf Boards and no denotification of waqf properties until May 5. The government also urged the court not to issue interim relief without first hearing its position on a law passed by Parliament. Taking note of this, the bench gave the Centre a week to file its response.
Supreme Court Proceedings
On April 28, the Court declined to entertain a fresh petition filed by Syed Alo Akbar against the Waqf (Amendment) Act. The bench, comprising CJI Khanna and Justice Sanjay Kumar, reiterated that only five consolidated petitions would be heard under the designated title. The petitioner was directed to file an intervention application in those existing matters.
Three nodal counsels have been appointed to streamline arguments, with instructions to mutually decide on the primary advocate who will lead the submissions during the next hearing on May 5. Petitioners have also been permitted to file rejoinders within five days of receiving the Centre’s extensive 1,300-page affidavit.
CJI Recusal and Legal Impact
Chief Justice Khanna’s recusal has now introduced an element of uncertainty regarding the timeline of interim relief. The case has become a constitutional flashpoint, with arguments focusing on whether the amended provisions infringe upon religious autonomy and property rights. With the next hearing scheduled for May 5, the judiciary’s position on the controversial Waqf law remains anxiously awaited by stakeholders across the spectrum.
