SC modifies HC order imposing curbs on Kerala Waqf Board
New Delhi, July 22 -- The Supreme Court on Tuesday refused to interfere with the Kerala high court order restraining the state Waqf Board to incur any expenditure or take policy decisions in a challenge alleging the Board composition to be not in conformity with law.
However, the court modified the interim direction of the high court issued on July 15 appointing a senior state bureaucrat to supervise the Board's functioning observing that the same was not necessary when it had already been restrained from taking any major decision.
A bench headed by Chief Justice of India (CJI) Surya Kant said, "In view of the opening line of the high court order in paragraph six (6) where under the Board was directed not to take any policy decision or incur capital expenditure without the court's leave, we are satisfied there was no need for adding the last line that the Board shall function under supervision of Joint Secretary. Consequently the last line is deleted."
The court referred the matter back to the high court. The matter is next listed on Wednesday.
The top court passed the order on an appeal filed by the Kerala State Waqf Board represented by senior advocates Huzefa Ahmadi and V Chitambaresh. They argued that the high court passed the order without hearing them and in a public interest litigation that sought appointment of two non-Muslims in the Board as per section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act (UMEED), 1995.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi said, "The order changes a member to a supervisory role," referring to the joint secretary-rank officer who is a member of the State Waqf Board in an ex-officio capacity.
"He is as good or as bad as any other member," the bench said as it clarified that its order will not come in the way of the joint secretary or additional secretary to continue functioning as a member of the Board.
The court further requested the high court to decide the matter expeditiously after giving a fair opportunity to the parties concerned....
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