Mon May 05 10:56:33 UTC 2025: ## Top Court Delays Waqf Law Ruling Until After CJI’s Retirement

**New Delhi, May 5, 2025** – The Chief Justice of India (CJI), Sanjiv Khanna, recused himself from a case challenging the Waqf (Amendment) Act, 2025, just days before his retirement on May 13th. The case, which questions the constitutionality of amendments to the law governing Muslim religious endowments, will now be heard by the incoming CJI, Justice B.R. Gavai, starting May 15th.

CJI Khanna stated that he lacked sufficient time to adequately consider the complex legal arguments presented by both sides before issuing any interim orders. The petitioners, represented by senior advocate Kapil Sibal, had sought an immediate stay on the implementation of the amendments, arguing they infringe on the rights of the Muslim community. The government, represented by Solicitor General Tushar Mehta, countered that the amendments were necessary to address concerns about land grabbing and misuse of waqf properties.

While the court had previously recorded the government’s assurance to maintain the status quo until the next hearing, CJI Khanna opted to postpone a decision on an interim stay until after his retirement, allowing Justice Gavai’s bench time to review the extensive legal arguments and documentation. The case centers on several key amendments, including the removal of “waqf-by-user” and the inclusion of non-Muslim members on waqf administrative bodies. The petitioners argue these changes infringe upon the community’s right to manage its religious institutions, while the government maintains the changes are necessary for accountability and transparency. The case is expected to be a significant one for the incoming CJI.

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