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 In a procedural development in the ongoing constitutional challenge to the Waqf (Amendment) Act, 2025, the Supreme Court on Tuesday permitted applicants whose petitions had earlier been converted into interlocutory applications (IAs) to file fresh independent writ petitions.

A bench of Justice MM Sundresh and Justice Prasanna B Varale made the direction while hearing the batch of matters titled In Re: The Waqf (Amendment) Act, 2025, in which the Court had earlier directed that five petitions would be treated as the lead cases.

The Court noted that five lead petitions had been identified earlier, with around 135 other petitions converted into IAs. During the hearing, counsel for some applicants, including Dr. Mohan Gopal, submitted that the five lead matters did not cover all grounds of challenge and that they had been compelled by judicial order to file as intervenors. They sought permission to file independent writ petitions so that their full arguments could be considered.

"You can't use numbers to crowd me out. I was compelled by judicial order to file it as IA. But please permit me to file it as a writ petition...we want to file it as writ petition, the 5 leading petitions don't cover the full grounds," Gopal submitted.

Justice Sundresh observed that the applicants should not be treated merely as intervenors for the purpose of hearing. The bench ordered:

“We have heard the senior counsel. In conjunction with the earlier order passed, we permit the applicants who filed interim applications and were directed to be taken in that capacity to file writ petitions within 2 weeks from today. Copy to be served on nodal counsel, who is directed to compile and include judgments relied upon by the petitioners. Learned ASG to respond on the written submissions made. The pleadings shall be completed by December 31, 2026. It shall be inclusive of affidavits and rejoinders. We will have it in the second week of January 2027.”

Solicitor General Tushar Mehta referred to the April 17, 2025 order under which only five lead petitions were taken up to avoid an unmanageable volume of cases, and submitted that the earlier arrangement should not be undone. The bench clarified that its direction was limited to ensuring the applicants are not restricted to intervenor status for the final hearing.

As per the April 17, 2025 order, the bench directed that the petitions filed by Arshad Madani, Muhammed Jameel Merchant, Mohammed Fazlurrahim, Sheikh Noorul  Hassan, and Asaduddin Owaisi were to be treated as the lead cases, and all other writ petitions were converted into interlocutory applications.,

Nodal counsel had earlier proposed that all parties file written submissions for compilation. The Court also directed that any documents or material relied upon by the former IA applicants be furnished to the nodal counsel.

The Waqf (Amendment) Act, 2025, which came into force in April 2025 and renamed the parent legislation the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, has been under challenge primarily on grounds of violation of Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A of the Constitution.

In September 2025, a bench led by then Chief Justice BR Gavai had declined to stay the Act in its entirety but had stayed certain provisions on a prima facie basis, including the requirement of five years' practice of Islam for creating a waqf (pending framing of rules), specific powers of the designated officer under Section 3C, and had capped non-Muslim membership in the Central Waqf Council and State Waqf Boards.

 

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