Waqf law case to be heard by new CJI on May 15

The Supreme Court on Monday said that the petitions challenging the contentious Waqf law would be heard by a bench headed by Justice BR Gavai, who will take over as the next Chief Justice of India on May 14. The matter has been posted to May 15.

The decision was announced by CJI Sanjiv Khanna, who said the matter would require a lengthy hearing before passing an interim order. CJI Khanna will retire on May 13.

As soon as a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan assembled for the hearing, the CJI said, “There are certain aspects which you (Centre) dealt with, but that requires clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me."

“We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time," Solicitor General Tushar Mehta, appearing for the Centre, said while indicating the retirement of the CJI. “It is painful to remind your lordship (about the retirement)," he added. “No no I am looking forward to it," the CJI responded.

Congress MP Mohammed Jawed and AIMIM chief and Hyderabad MP Asaduddin Owaisi were among the petitioners who challenged the Waqf (Amendment) Act, saying that the law is “unconstitutional" and violates different provisions of the Constitution.

However, ahead of the hearing in the Supreme Court, the government paused two central aspects of the contentious law in the face of probing questions by the top court. The Centre assured the apex court on April 17 that it would neither denotify waqf properties, including “waqf by user", nor make any appointments to the Central Waqf Council and boards till May 5.

In its affidavit on April 25, the Centre defended the law, saying it does not affect religious practices and leaves matters of faith and worship untouched. Opposing any "blanket stay" by the court, the Centre said any interference would create a "legislative regime by a judicial order".

The Supreme Court's observations on the Waqf law have invited criticism from certain BJP leaders, who have accused the top court of encroaching on the executive's domain.