The Union government on Friday filed its preliminary affidavit in the Supreme Court, seeking the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The affidavit was filed by Shersha C Shaik Mohiddin, joint secretary in the ministry of minority affairs.
In a 1,332-page preliminary counter affidavit, the Centre opposed a stay on any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally.
The government defended the contentious law saying that "shockingly" after 2013, there were an addition of over 20 lakh hectare (precisely 20,92,072.536) in waqf land.
It argued that taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf.
The affidavit further states that a “deliberate, purposeful and intentionally misleading narrative” is built very mischievously, giving an impression that those Waqfs (including ‘Waqf-by-user’) which do not have a document to support their claims will be affected.
