New Delhi/Hyderabad, April 16: Advisor to Telangana Government Mohammed Ali Shabbir, one of the petitioners challenging the Waqf Amendment Act, personally attended the Supreme Court hearing in Delhi on Wednesday and welcomed the court’s strong observations in favour of religious autonomy and minority rights.
Speaking to reporters after the hearing on Wednesday, Shabbir Ali said he was encouraged by the constitutional questions raised by the bench, particularly around the inclusion of non-Muslims in Waqf institutions and the threat posed to centuries-old Waqf properties. “Today’s hearing has vindicated our stand. The court has clearly indicated that this law raises serious constitutional concerns. We are hopeful that the Supreme Court will grant a stay on the implementation of the Waqf Amendment Act,” he said.
Shabbir Ali described the Act as a direct assault on Muslim religious institutions and reiterated his commitment to continue the battle through legal and democratic means. “This is not just a legal fight, it is a matter of safeguarding the constitutional rights of Muslims. Until this draconian law is repealed, we will not rest. We will continue our struggle in the courts, in Parliament, and among the people,” he declared.
The Supreme Court bench, led by Chief Justice Sanjiv Khanna and comprising Justices P.V. Sanjay Kumar and K.V. Viswanathan, heard over 100 petitions filed against the amended Waqf Act, which was passed by Parliament on April 4 and received Presidential assent on April 8.
Mohammed Ali Shabbir is being represented in the case by senior counsels Kapil Sibal and Salman Khurshid.
During the proceedings, the bench questioned the rationale behind allowing non-Muslims in the Central Waqf Council and asked the Centre whether similar inclusion would be allowed in Hindu religious boards. It also expressed concern over the delegation of quasi-judicial powers to District Magistrates to decide Waqf property disputes and the challenges faced in documenting centuries-old mosques and religious structures created by long-standing usage.
Senior advocates Kapil Sibal, Rajeev Dhavan, Abhishek Manu Singhvi, and C.U. Singh represented the petitioners, contending that the amendments infringed upon Article 26 of the Constitution, which guarantees religious denominations the right to manage their own affairs.
The Solicitor General, representing the Centre, defended the amendments, saying they aimed to improve transparency, but the court said it would consider issuing interim directions on two key issues – restricting Waqf Board membership to Muslims (except ex officio members) and protecting by-user Waqf properties from coercive action during the case.
