DMK moves SC challenging Waqf (Amendment) Act, 2025

New Delhi, Apr 7 (IANS) Tamil Nadu's ruling DMK on Monday filed a petition before the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The writ petition has been filed through its Deputy General Secretary and MP A. Raja, a part of the Joint Parliamentary Committee on the Waqf Bill, questioning the amendments introduced in the Waqf Act, 1995.

The DMK-led Tamil Nadu government, on March 27, had passed a resolution in the Assembly urging the Union government to withdraw the Waqf (Amendment) Bill, 2025, as it adversely affected the rights and interests of the Muslim minority community. The party said that the legislation was passed by the Union government without proper consideration of the objections raised by the members of the Joint Parliamentary Committee and the other stakeholders, prejudicing the rights of about 50 lakh Muslims in Tamil Nadu and 20 crore Muslims in the other parts of the country.

Earlier in the day, Chief Justice of India (CJI) Sanjiv Khanna was urged to ensure urgent listing of the pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

CJI Khanna had assured senior advocate Kapil Sibal that the matter would be listed for urgent hearing.

"I will get the (urgent mentioning) letter and do the needful this afternoon," the CJI told Sibal.

After the legislation was passed in both Houses of Parliament on Friday, the Congress announced it will challenge the Waqf (Amendment) Bill before the Supreme Court, claiming that it was an attack on the basic structure of the Constitution and was aimed at “polarising” and "dividing" the country on the basis of religion.

The government said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim. Minority Affairs Minister Kiren Rijiju has said the legislation did not interfere with the Waqf properties, adding that the Modi government works with the vision of 'Sabka Saath and Sabka Vikas'.

In his petition in the apex court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Similarly, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has moved the top court, saying that the impugned amendments are "ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary".

Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, All India Muslim Personal Law Board (AIMPLB), Social Democratic Party of India (SDPI), Indian Union Muslim League, Taiyyab Khan Salmani and Anjum Kadari, have filed the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.

--IANS

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