The Supreme Court on Tuesday struck down a directive requiring the Kerala State Waqf Board to operate under the direct oversight of a state government joint secretary, restoring administrative autonomy to the body while asking the Kerala High Court to swiftly resolve pending litigation regarding the board’s constitution.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi modified an interim order previously issued by the Kerala High Court. Disposing of the appeals against the high court’s order, the apex court ruled that while the joint secretary may continue serving as a regular member of the Waqf Board, there was no justification for assigning the official a supervisory role over its functioning.
While leaving intact the restriction that prevents the board from undertaking capital expenditure or major policy changes without court permission, the bench removed the supervisory mandate. The apex court directed the high court to decide the underlying case expeditiously after giving all parties a fair opportunity to present their claims and counter-claims.
Arguments Over Board Suspension And State Role
Appearing for the Waqf Board, senior advocate Huzefa Ahmadi challenged the high court’s interim ruling, describing it as an extraordinary order passed without board members being served copies of the petitions beforehand. He further alleged that the Kerala state government was actively supporting the petitioners challenging the board’s status.
During the hearing, Justice Bagchi questioned the necessity of halting the board’s operations entirely due to disputes over its membership composition. Senior advocate Jaideep Gupta, representing the Kerala government, informed the bench that the matter was already scheduled for a hearing before the high court the following day.
Origins Of High Court Interim Restrictions
The legal challenge arises from a batch of public interest litigations filed in the Kerala High Court alleging that the state Waqf Board is functioning illegally. The petitions claim the board fails to comply with statutory requirements under the Unified Waqf Management, Empowerment, Efficiency and Development Act because it does not include two non-Muslim members.
On July 15, the high court issued interim directives barring the board from making major policy decisions or incurring capital expenses without court permission, while simultaneously placing its administration under the supervision of the joint secretary in charge of Waqf affairs. The Supreme Court’s latest ruling eliminates that administrative oversight while allowing the primary legal challenge to proceed in the high court.
