The Supreme Court of India has scheduled an urgent hearing for July 20 to address a petition challenging a Kerala High Court directive that stripped the state’s Waqf Board of its independent decision-making powers.
On Friday, a three-judge bench consisting of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana accepted the matter for a Monday hearing. This decision followed a request for an urgent listing by the legal counsel representing the Kerala State Waqf Board.
Scope Of The High Court Restrictions
The appeal stems from an interim order issued by the Kerala High Court on July 15. The High Court’s directive restricted the Waqf Board from executing any major policy decisions or incurring capital expenditures without obtaining explicit permission from the court.
According to a senior advocate connected to the case, the High Court also mandated that the day-to-day administration of the Board be temporarily placed under the joint secretary of the state government who oversees Waqf affairs.
Compliance And Structural Allegations
The High Court’s decision was prompted by multiple Public Interest Litigations (PILs), including a petition filed by Bharatiya Janata Party (BJP) leader Shone George. The petitioners contend that the current operations of the state Waqf Board are illegal because the body lacks two non-Muslim members, which they argue is a mandatory requirement under the United Waqf Management, Empowerment, Efficiency and Development Act.
In its interim order, the High Court instructed the state government to ensure that a government representative is officially appointed to the Board in accordance with the provisions of the governing Act.
While the Supreme Court is set to review the interim restrictions on Monday, the Kerala High Court has scheduled its next hearing on the underlying public interest litigations for July 22.
