Finalise appointment of 3rd Waqf Tribunal member, constitution of Board: HC to govt

Assistant Government Pleader (AGP) Utkarsh Sharma sought that the matter be posted after summer vacation in June, when the state can apprise the court of concrete developments by way of an affidavit. Sharma informed the bench of Acting Chief Justice A J Desai and Justice Biren Vaishnav, “The only reason (for seeking more time) is because we want to place something concrete by way of an affidavit, these are only interregnum developments happening at an interim stage. Next time perhaps we will place something on the affidavit which will be something very concrete.”

The submission came after ACJ Desai orally remarked, “For every step you will take one month?… This is like contempt, one by one, every day you are coming (and saying) ‘we have taken this step, now we need some more time’.”

Under the Waqf Act, the state Waqf boards are constituted by respective state governments for protection of Waqf properties. The state is also authorised to set up Waqf tribunals.

The Waqf Board was dissolved by the state on January 31 and the tribunal, which should comprise three members, has been functioning without a full coram – without a chairperson and one member since last July.

In the absence of full coram, many matters remain pending adjudication before the tribunal. Several matters, which otherwise would have been adjudicated by the tribunal, end up before the HC under Article 226.

Earlier this year, a public interest litigation was moved by the Ahmedabad Sunni Muslim Wakf Committee before the HC highlighting the above issues and seeking the court’s directions to the state to constitute the tribunal immediately. The committee also sought that the state Waqf Board be constituted in a time-bound schedule.

The court on Thursday said, “It is expected from state authorities that they shall finalise the appointment of a third member of Waqf Tribunal as well as the constitution of the Waqf Board before the next date of hearing.” The HC will hear the matter again on June 23.