New Delhi [India], July 21 : The Supreme Court on Tuesday modified portions of the Kerala High Court's interim order that had curtailed the functioning of the Kerala State Waqf Board over alleged irregularities in its composition under the Waqf (Amendment) Act, restoring the Board's authority to take policy decisions and incur capital expenditure while requesting the High Court to decide the matter expeditiously.
A Bench led by Chief Justice of India Surya Kant, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, passed the order while hearing an appeal filed by the Kerala State Waqf Board against the interim directions issued by the Kerala High Court.
The Supreme Court specifically only deleted the portion of the High Court's direction requiring the Board to function under the supervision of the Joint Secretary to the State Government, clarifying that the Joint Secretary would continue only in the capacity of a member of the Board.
"The part of the impugned order of the HC restraining the Board from taking any policy decision or incurring any capital expenditure, we are satisfied that there is no necessity of such an order. Consequently, the direction that the Board shall function under the supervision of the Joint Secretary to the Government is hereby deleted. The Joint Secretary, being a member of the Board, shall continue to function in that capacity... We request the High Court to hear the matter expeditiously after giving sufficient opportunity to the parties to file their affidavits and counter-affidavits," the Bench ordered.
During the hearing, Justice Joymalya Bagchi questioned the rationale behind restricting the functioning of the Board merely because its composition was under challenge before the High Court.
"Why should the Board be halted just because of this aspect only?" Justice Bagchi orally remarked.
Appearing for the Kerala State Waqf Board, Senior Advocate Huzefa Ahmadi argued that the High Court had passed an extraordinary order on a plea filed by a member of the opposition party (in the State) without even serving the members of the Board with copies of the petitions.
Representing the Kerala government, Senior Advocate Jaideep Gupta informed the Supreme Court that the matter was already listed for hearing before the Kerala High Court.
Taking note of the submission, the Supreme Court disposed of the appeal while requesting the High Court to hear and decide the pending petitions at the earliest after granting adequate opportunity to all parties to file their affidavits and counter-affidavits.
The Kerala State Waqf Board had approached the Supreme Court challenging the Kerala High Court's July 15 interim order, contending that the restrictions had rendered the Board practically defunct.
The Kerala High Court had passed the interim directions while hearing a batch of petitions, including one by BJP leader Shone George, alleging that the Board's composition was inconsistent with the Waqf (Amendment) Act, including the requirement relating to the appointment of two non-Muslim members. While the adjudication of those petitions was pending, the High Court had issued interim directions affecting the Board's functioning, including restrictions on policy decisions and capital expenditure.