New Delhi: Reserving its order on the petitions challenging the constitutional validity of Waqf (Amendment) Act 2025, the Supreme Court on Wednesday (April 16) asked if the Union government was willing to allow Muslims to be on Hindu endowment boards the way it is seeking non-Muslim members on Waqf Boards.The Waqf (Amendment) Act 2025 was passed by the Parliament earlier this month. The bill was passed in the Lok Sabha on April 3 with 288 members in favour and 232 against it, and in the Rajya Sabha on April 4, with 128 members voting in support and 95 opposing it.A bench of Chief Justice of India Sanjeev Khanna, and Justices Sanjay Kumar and K.V. Viswanathan was hearing a batch of 10 pleas filed by AIMIM chief Asaduddin Owaisi, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha. Also read: Waqf Bill Passage Proves Indian Muslims are Political OrphansMeanwhile, fresh pleas filed by TMC MP Mahua Moitra and Samajwadi Party leader Zia-ur-Rahman Barq were also listed.Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan, CU Singh and others are representing the petitioners in the Waqf (Amendment) Act hearing. What did the top court say?Opening the argument, advocate Kapil Sibal said that the inclusion of non-Muslims in the Waqf Council was a direct violation of Article 26, Bar and Bench reported.“Let me broadly address what the challenge is about. Through parliamentary legislation what is sought to be done is to intervene in an essential and integral part of a faith. I refer to Article 26. Many provisions of the Act violate Article 26,” Sibal told the bench.CJI Sanjeev Khanna, hearing the argument regarding waqf by user, said, “When we were in Delhi HC we were told that the land is a waqf land!! Don’t misunderstand us… We are not saying all waqf by user is wrongly registered.”To this, Advocate Singhvi replied, “We have heard parliament is also on waqf land…We are saying you cannot throw a baby out of a bath water .. question is have you removed the basis of the Ayodhya judgment!”Also read: The Waqf Amendments Aren’t About Transparency – They’re About Tyranny“Some of these pernicious provisions have come into force immediately. We are seeking a stay on some of this.. not the entire Act,” he added.Solicitor General Tushar Mehta, representing the Union government, defended the legislation saying it was cleared by a joint parliamentary committee and went to both parliament houses before the law was passed.However, in a pointed question, CJI Khanna asked SG Mehta whether the government was willing to allow Muslims to be part of Hindu religious trusts.“Mr Mehta, are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly!,” the chief justice said.It noted that undoing waqf by user would create several issues and sought the Union government’s reply to the over 100 petitions challenging the Act.“When a public trust is declared to be a waqf 100 or 200 years ago… suddenly you say it is being taken over by the waqf board and declared otherwise… You cannot rewrite the past!” the CJI said.The apex court proposed an interim judgement. As quoted in the Bar and Bench report, the CJI suggested that properties declared by court to be waqf will not be denotified or be treated as non waqf, whether it is waqf by user or not; collector can continue with proceedings but the provision will not be given effect to; and that ex officio members can be appointed for Waqf Boards and Council but the other members have to be Muslims.The court condemned violence in the aftermath of the passage of the bill saying it is “very disturbing”.The hearing will resume at 2 PM tomorrow, April 17.