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“The Supreme Court bench asked Advocate Ashwini Upadhyaya why the petitions challenging the 1995 Act should be heard.”
New Delhi’May 27(PMI) The issue of the Waqf Board is currently in the headlines. The central government has introduced an amendment called the Waqf (Amendment) Act 2025. The government has also changed its name. Along with this, the Supreme Court has issued notices to the Centre and the states regarding the Waqf Act 1995.
On Tuesday, the Supreme Court issued notices to the central and state governments on a petition challenging the Waqf Act 1995. The bench comprising Chief Justice of India B.R. Gavai and Justice A.G. Masih issued the notice on a petition filed by Delhi resident Nikhil Upadhyaya. It was linked with a similar petition filed by Advocate Hari Shankar Jain and another person.
Why challenge after so many years? — The Court
While hearing petitions challenging the recent amendments in the Waqf Act, the bench comprising Chief Justice B.R. Gavai and Justice Masih first asked why the 1995 Act was being challenged after so many years.
The lawyer responded that they were advised to approach the High Court.
Advocate Vishnu Shankar Jain, appearing on behalf of petitioner Hari Shankar Jain, tried to explain that the petitioners had already challenged the 1995 Act in the Supreme Court long ago. They were told to go to the High Court, but the bench did not agree with this.
A bench headed by former Chief Justice Sanjiv Khanna had earlier heard the case.
On Tuesday, the Supreme Court bench asked Advocate Ashwini Upadhyaya why the court should now consider petitions challenging the 1995 Act. Advocate Upadhyaya said that the bench headed by former CJI Sanjiv Khanna, Justice Sanjay Kumar, and K.V. Vishwanathan had heard the matter before CJI Khanna’s retirement and before CJI Gavai took charge. The court had already agreed to hear cases separately that challenged the 1995 Act and had allowed those challenging the 2025 amendments to file their replies.
Court did not allow hearing on the petition
Solicitor General Ashwini Bhati, appearing for the Centre on Tuesday, said the court did not allow hearing on petitions challenging the 2025 amendments alongside petitions challenging the 1995 Act. However, Bhati said that if Upadhyaya’s petition challenging the 1995 Act is clubbed with another petition filed by Jain, there would be no objection.(pressmediaofindia.com)