Hyderabad: The Telangana High Court on Friday, April 25, declined to hear a public interest litigation (PIL) challenging the constitutional validity of the Waqf (Amendment) Act, 2025, citing ongoing proceedings before the Supreme Court on the same matter.
A bench comprising Acting Chief Justice Sujoy Paul and Justice Renuka Yara noted that the apex court has already taken cognisance of petitions contesting the Act’s validity and issued directives restraining high courts nationwide from adjudicating parallel challenges.
PIL’s arguments against Waqf Act
The PIL, filed by Mohammed Rahim Khan of the Act Public Welfare Foundation (APWF), argued that the amended law threatens the religious, constitutional, and property rights of Telangana’s Muslim community.
Key objections included provisions mandating non-Muslim members on Waqf Boards, penalising Mutawallis (custodians) for procedural lapses, and allowing appeals against Waqf Tribunal decisions in High Courts, which petitioners claim will exacerbate litigation delays.
HC cites SC’s orders
During the hearing, the bench emphasised the binding nature of the Supreme Court’s interim order, stating, “The Supreme Court’s order is binding on us. You may approach us again after the apex court delivers its verdict”. The court adjourned the case to June, allowing petitioners to raise unresolved issues post-SC judgment.
The Centre, defending the amendments in its Supreme Court affidavit, asserted that the changes aim to curb encroachments, enhance transparency, and ensure judicial oversight of Waqf properties. It argued that provisions like removing “Waqf by user” and introducing non-Muslim members address systemic misuse while respecting religious practices.
The Supreme Court is currently hearing multiple petitions, including those filed by AIMIM chief Asaduddin Owaisi and CPI leader D Raja, challenging the Act’s validity. On April 17, it directed the Centre to file a consolidated response and barred any alteration to Waqf properties until further orders
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