Wakf Tribunal appointment: Gujarat HC seeks to know action taken against member booked in 3 cases
HC directed that the entire record pertaining to the criminal cases be brought on record, along with two cases filed by Shaikh's first wife seeking maintenance, pending before a family court in Godhra.
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The division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi questioned the government on its "response" after it come to light that criminal cases were pending against Shaikh (File Photo) The Gujarat High Court Friday directed the secretary of the state legal department to file a personal affidavit explaining what decision has been taken by the government after three pending criminal cases against Anwarhusen Shaikh, a member appointed to the Wakf Tribunal, had come to light.
Considering the “vehement assertions” of Shaikh’s counsel, who objected to the locus of the petitioners challenging Shaikh’s appointment, the HC also converted the petition into a suo motu public interest litigation (PIL) in “larger public interest”.
The division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi questioned the government on its “response” after it come to light that criminal cases were pending against Shaikh, whose appointment as the third member of the Gujarat State Wakf Tribunal in February had stirred a controversy.
The mutawallis (trustees) of Bibiji Masjid Rajpur had challenged Shaikh’s appointment on the ground that he was “not eligible, competent of morally fit” to be appointed to the post.
The HC observed that while Shaikh did not voluntarily disclose the criminal cases against him while applying for the post, “effort is being made by the state” to sideline the issue. It asked the state if it “would allow such a person to hold the post” after learning about the cases, where chargesheets have been filed.
Referring to a June 26 affidavit filed by the joint secretary (Legal), which stated that the cases against Shaikh had “not concluded”, the HC said, “(The affidavit) shows that an effort is being made by the state to sideline the issue, which is essentially of the selection of a member of the tribunal, where one person having knowledge of Muslim law and jurisprudence is to be selected.” It added that it has “serious doubt about the manner in which the selection has taken place”.
The HC said in the personal affidavit, the legal secretary is also required to explain how a person, who has not disclosed his credentials while seeking appointment, can remain a member of the Wakf Tribunal.
Further, the HC directed that the entire record pertaining to the criminal cases be brought on record, along with two cases filed by Shaikh’s first wife seeking maintenance, pending before a family court in Godhra.
Shaikh’s counsel Brijesh Trivedi argued that the petitioners had submitted a questionable certificate of the Wakf board, claiming to be mutawallis, and also that it was concealed that two of the members mentioned as mutawallis had died prior to 2022.
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