The Social Democratic Party of India welcomes the Supreme Court’s proposed interim order on April 16, 2025, addressing 73 petitions challenging the Waqf (Amendment) Act, 2025. The bench, led by Chief Justice Sanjiv Khanna, has offered significant relief by protecting court-declared Waqf properties, including those under “Waqf by user,” ensuring historic mosques and graveyards remain secure from denotification. Additionally, restricting district collectors from altering the status of these properties mitigates risks of executive overreach, aligning with our arguments that the Act violates constitutional rights under Articles 14, 25, 26, and 300A.

However, we are deeply concerned about the continued authorization of collectors to adjudicate Waqf status for non-court-declared properties, which could spark disputes and harm undocumented Waqfs due to collectors’ lack of expertise and potential bias. The court’s cautious stance on non-Muslim appointments to Waqf Boards and the Central Waqf Council is encouraging, but allowing ex-officio non-Muslim appointments to proceed undermines Muslim religious autonomy and equality, particularly when similar rules do not apply to other religious bodies. We urge the court to reconsider these provisions to prevent irreversible damage.

The deferral of the interim order to April 17, 2025, prolongs uncertainty, and we call for a comprehensive stay on the Act to safeguard Waqf governance and properties. The SDPI remains steadfast in supporting the petitioners’ fight against this unconstitutional legislation and will continue advocating for justice and the protection of Muslim community rights.

Elyas Muhammad Tumbe
National General Secretary
Social Democratic Party of India