The central government has filed a preliminary affidavit in the Supreme Court, seeking the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. In the affidavit, the Centre opposes any stay on provisions of the Act, asserting that it is a settled legal position that constitutional courts cannot stay statutory provisions either directly or indirectly.
The government argues that the amendment, which removes statutory protection to Waqf-by-user, does not prevent any individual from the Muslim community from creating a Waqf. It emphasizes that the change does not impact the creation of Waqfs but addresses procedural requirements.
The affidavit further highlights the Centre's stance against what it describes as a "deliberate, purposeful, and intentionally misleading narrative" aimed at creating a false impression that Waqfs lacking supporting documentation will be adversely affected.The Centre asserts that these claims are untrue, purposefully misleading the court, and seeks to clarify the matter.
