KOZHIKODE: In a partial victory to the Kerala State Waqf Board, the Supreme Court has set aside the Kerala High Court order that said the board should function under the supervision of a joint secretary appointed by the state government.
The CJI-headed bench passed the order on Tuesday on Waqf Board’s appeal against the HC’s decision to freeze the board’s activities. “The direction that the board shall function under supervision of joint secretary is hereby deleted. The Joint secretary/Additional Secretary being a member of the board should continue to function in that capacity,” the SC said.
The board also prayed for a stay on the HC order that barred the board from taking any important policy decisions and not to go for capital expenditures. “The matter is coming up before High Court on Wednesday. We direct the High Court to decide expeditiously after giving a fair opportunity to the parties”, the SC said.
Waqf Board chairman K S Hamsa told reporters that the top court order is a victory for the board as the first prayer was against the appointment of the joint secretary.
“There were issues like ban on policy decisions and on capital expenditures. The Supreme Court did not intervene as the High Court is considering the case on Wednesday. All our grievances have been addressed,” he said.
Minister for Waqf N Samsudheen said there is no point in claiming that the SC order is a setback to the government. “The appeal was moved by the board. But the court refused to intervene...Is this a victory or defeat?” he asked.
Samsudheen said the court had not restored the board’s powers. “The case will continue in the High Court,” he said.
Leader of Opposition Pinarayi Vijayan said the SC order is a relief. “What is alarming is the repetition of the stand of the state government in the Supreme Court that it will implement Section 14 of the Waqf Act, “ he said. (Section 14 mandates the inclusion of non-Muslims in the Board, among other things.)
The LDF government did not appoint non-Muslims members in the Waqf Board as the issue is under the consideration of the apex court, Pinarayi said.