The Supreme Court on Tuesday issued a notice to the Center and the states on a petition challenging the Waqf Act, 1995. A bench of India’s Chief Justice Bra Gawai and Justice AG Maasih issued a notice on the petition by Nikhil Upadhyay, a resident of Delhi, and tagged it with a similar petition by Advocate Hari Shankar Jain and another person.
Hearing petitions challenging the recent amendments made in the WAQF Act, a bench of India’s Chief Justice Bry and Justice Maasih had earlier asked why the 1995 Act was now being challenged after so many years.
While advocate Vishnu Shankar Jain, petitioner attended for Hari Shankar Jain, tried to convince that the petitioners had challenged the 1995 Act before SC, and were asked to contact the High Courts, the bench was not convinced.
Even on Tuesday, the bench asked advocate Ashwini Upadhyay why it should take petitions challenging the 1995 Act. Upadhyay said that former CJI Sanjeev Khanna’s bench, and Justice Sanjay Kumar and KV Vishwanathan-He had heard Waqf (amendment), before 2025 cases, CJI Gawai-Left bench strengthened the retirement of former CJI Khanna, which allows to separate the challenge.
Upadhyay also referred to the order of CJI Khanna-Left bench on April 17, 2025, stating, “Rit petitions challenging the 1995 Waqf Act and amendments made in 2013, including WP (C) No. 353/2025” Hari Shankar Jain and ANR. v. India and ORS Union. “And wp (c) diary number 19103/2025 The title” Parul Khera vs India and ORS’s Association “, will be shown in the list separately.
The order of April 17 said, “As a special case, Liberty is provided to the petitioners who have filed a writ petitions challenging the Waqf (Amendment) Act, 2025 to file their response to the said writ petitions.”
Present for the Center, Additional Solicitor General Aishwarya Bhati said that the court on Tuesday did not allow the 1995 Act to hear the challenge, as well as with petitions challenging the 2025 amendment. However, Bhati said that Apadhyay’s petition has been tagged along with another petition challenging the 1995 Act.
2025 SC Notice (T) Waqf India (T) Center and States Waqf (T) Indian Express
