AIMIM’s Owaisi, Congress MP Move SC Against Waqf Amendment Bill: 'Blatantly Violates Rights Of Muslims'

AIMIM chief Owaisi and Congress MP Jawed have challenged the Waqf Amendment Bill 2025 in the Supreme Court, arguing that it violates Muslim rights.

By : ABP Live News | Updated at : 04 Apr 2025 05:52 PM (IST)

File Photo of AIMIM chief Asaduddin Owaisi
Source : PTI

AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed on Friday moved the Supreme Court, challenging the validity of the Waqf (Amendment) Bill, 2025. The legislation, which was passed by both Houses of Parliament, is now awaiting presidential assent. Both leaders alleged that the legislation violated key constitutional provisions and imposed arbitrary restrictions on the management of Waqf properties, thereby undermining the religious autonomy of the Muslim community.

According to news agency IANS, Owaisi argued in his petition that the provisions of the bill “blatantly violate the fundamental rights of Muslims and the Muslim community”. Notably, Owaisi on Wednesday night tore a copy of the the Waqf (Amendment) Bill, 2025, in the Lok Sabha in a symbolic protest. 

Participating in the debate on the bill, he cited the example of Mahatma Gandhi while he was in South Africa and said, "If one reads history, one would find what Mahatma Gandhi had said about the laws of white South Africa. Mahatma Gandhi had said 'My conscience doesn't accept this' and he tore it up." The Hyderabad MP remarked, "Like Gandhi, I am also tearing up this law. This is unconstitutional. The BJP wants to create divisiveness in this country in the name of temples and mosques. I condemn this and I request you to accept the 10 amendments."

Meanwhile, Congress MP Mohammad Jawed filed a Public Interest Litigation (PIL) challenging the bill’s constitutionality. Speaking to news agency ANI, Jawed said, “Several people in India will file this petition; several parties will do this… In the Parliament, everyone in the Opposition said that this is unconstitutional. This is a religious body – you are providing freedom to non-Muslims… How can you snatch away our right? … How can you do this violation? If you have numbers, it doesn’t mean you get passed anything you passed and do something unlawful… We have challenged this. We hope that the Supreme Court will take cognisance of this and this will be repealed (Bill) at the earliest.”

As per news agency PTI, Jawed, a Lok Sabha MP from Kishanganj in Bihar and a member of the Joint Parliamentary Committee on the bill, filed his petition through advocate Anas Tanwir. Owaisi’s plea was filed by advocate Lzafeer Ahmad.

Jawed’s plea contended that the bill discriminates against the Muslim community by introducing restrictions that are not imposed on other religious endowments. He argued that the legislation imposes an arbitrary condition on the creation of Waqfs based on the duration of one’s religious practice — a limitation which he said has no basis in Islamic law, custom or precedent.

“This infringes upon the fundamental right to profess and practise religion under Article 25,” the plea stated, further arguing that the restriction unfairly discriminates against recent converts to Islam who may wish to dedicate property for religious or charitable purposes. This, the petition added, violated Article 15 of the Constitution, which prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.

The petition also objected to an amendment in the composition of the Waqf Board and the Central Waqf Council, which mandates the inclusion of non-Muslim members. Jawed argued that this amounted to an unwarranted interference in religious governance — a move not seen in the management of Hindu religious endowments, which remain exclusively under Hindu administration as per various state laws. “This selective intervention… is an arbitrary classification and violates Articles 14 and 15,” the petition asserted, as per PTI.

Another key point of contention raised in the plea was the enhanced role of state authorities in the administration of Waqf properties. The bill proposes to shift crucial administrative functions — including the power to determine the nature of Waqf properties — from the Waqf Board to the district collector. According to the petition, this transfer undermines the autonomy of Waqf institutions and violates Article 26(d), which guarantees religious denominations the right to manage their own affairs.

The petition further highlighted changes to the composition and powers of the Waqf tribunals. The amendments, it stated, reduce the presence of individuals with expertise in Islamic law, thereby influencing the adjudication process of Waqf-related disputes. The petition claimed this change could discourage people from seeking legal recourse through specialised tribunals — in stark contrast to the safeguards available to other religious communities.

Jawed’s plea also alleged that these amendments infringed upon property rights protected under Article 300A by expanding state control over Waqf assets and limiting the ability to dedicate property for religious purposes.

Referring to a 1954 Supreme Court verdict, the plea asserted that the bill’s provision to subject Waqf properties to heightened scrutiny went against judicial precedent, which had held that transferring control of religious property to secular authorities was a violation of both religious and property rights.

The plea further criticised the bill for omitting the doctrine of Waqf-by-user — a principle upheld by the Supreme Court in its verdict in the Ram Janmabhoomi-Babri Masjid dispute case. It noted that the court had affirmed that a property could attain Waqf status through long-standing religious use. By excluding this concept, the plea argued, the bill disregards established legal principles and curtails the authority of Waqf Tribunals to recognise properties as Waqf based on historical usage — violating Article 26.

The Waqf (Amendment) Bill, 2025 was passed in the Lok Sabha in the early hours of April 3, with 288 members voting in favour and 232 opposing it. In the Rajya Sabha, it was cleared with 128 votes in favour and 95 against.

'Let Them Go To Court': BJP MPs Ask Oppn To Refrain From ‘Provoking Minority Community’

Responding to the Opposition’s criticism, the Bharatiya Janata Party (BJP) asserted that they were free to challenge the bill in court but cautioned against what it called “petty politics of appeasement”. The party urged opposition leaders to avoid provoking members of the minority community.

“The main opposition party also said it will continue to resist the Modi government’s assaults on the principles, provisions and practices enshrined in the Constitution. Some legal experts in the Congress are repeatedly saying that it (the Bill) is unconstitutional and they will approach the court. Let them go to court. Nobody is stopping them,” senior BJP leader and former Union law minister Ravi Shankar Prasad said while speaking to reporters at the Parliament complex, as quoted by PTI.

He added, “They had gone to court on the issue of triple talaq. They also tried to stop the (construction of temple at) Ram Janmabhoomi. They even called (scrapping of) Article 370 unconstitutional. The Waqf Bill is completely constitutional.”

Prasad defended the legislation by stating that the Constitution empowers the government to enact laws for the upliftment of women and backward communities. “The Bill seeks to ensure the welfare of Muslims, including women,” he said. He further remarked, “Given the mischief they do for vote bank politics, the country is not going to listen to them.”

BJP Rajya Sabha MP Dinesh Sharma also criticised the opposition’s stance. He said, “It is the duty of the opposition parties to accept the Bill as it has been passed by Parliament, and refrain from provoking the minority community members on the issue.”

Sharma added that it was up to the opposition whether they wanted to approach the Supreme Court or protest on the streets, but cautioned, “The opposition should refrain from indulging in petty politics.”

Also read
From Mughal Era To British India, Know About History Of Waqf In India

'Watershed Moment': PM Modi Lauds Passage Of Waqf Amendment Bill By Parliament

Published at : 04 Apr 2025 05:06 PM (IST)
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BJP Asaduddin Owaisi AIMIM Breaking News Supreme Court ABP Live CONGRESS Waqf Amendment Bill Waqf Bill Mohammad Jawed

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