Mujahid Nafees, noted social activist and Convener of the Minority Coordination Committee Gujarat, has filed a writ petition in the Supreme Court of India, challenging the constitutional validity of the Waqf Amendment Act 2025. The move comes amid growing concerns from sections of the Muslim community regarding what is seen as an attempt to weaken the religious and historical foundation of waqf institutions in India.
The petition highlights a series of sweeping amendments to the original Waqf Act, 1995, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. Nafees argues that the renaming itself is an erosion of the Act’s religious and cultural identity.
Central to the petition is the allegation that the amendments pave the way for government overreach, expropriation of ancestral waqf lands, and dilution of Muslim representation in the management of waqf properties. Among the most controversial changes are the replacement of the Survey Commissioner with the district Collector, elimination of the concept of “Waqf by User,” and the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council.
Further, the petition contends that several amendments—including changes to member disqualification rules, removal of the procedure for chairperson removal, and the relaxation of criteria for CEO appointments—pose a direct threat to the community’s autonomy over waqf affairs. Other concerns include reduced powers of the Waqf Tribunal, increased potential for prolonged litigation, and criminalization or penalization of Mutavallis (waqf caretakers) under certain provisions.
The plea emphasizes that the cumulative effect of the amendments points to a broader motive to centralize control and undermine the independence and religious sanctity of waqf properties. By omitting or altering over two dozen sections—from property determination and audit clauses to disqualification and liability norms—the Act, the petition claims, not only violates personal liberties but also compromises the effectiveness of waqf institutions across the country.
Mujahid Nafees has urged the Hon’ble Supreme Court to strike down the Waqf Amendment Act 2025, calling it unconstitutional and discriminatory. He maintains that the amendments infringe upon religious freedom, misrepresent the spirit of waqf, and threaten the community’s right to manage its own endowments.
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