KOCHI: The people of Munambam heaved a sigh of relief on Monday after the Supreme Court passed an interim order while hearing multiple petitions challenging the constitutionality of almost all sections of the Waqf Amendment Act, 2025. With the pronouncement of the interim order, all hurdles to finding a solution to the Munambam Waqf land issue have been removed.
The major obstacle cited by the Central Government in resolving the Munambam issue had been the pendency of these petitions before the Supreme Court.
"Now that hurdle has been removed. With the interim order in place, the ball is now in the Central Government's court," said Fr. Antony Tharayil, vicar of Velankanni Matha Church at Kadappuram. According to him, when Union Minister for Parliamentary and Minority Affairs Kiren Rijiju visited Munambam in April this year, he had referred to these petitions as a major obstacle in framing laws under the Waqf Amendment Act, 2025.
"He had said that laws to resolve the land issues faced by Munambam residents could be framed using Section 2(a), Clause 2(A),” the vicar added.
Residents are particularly relieved that the Supreme Court did not stay Section 2(a), Clause 2(A). This clause refers to a proposed addition in the 2025 Waqf (Amendment) Bill, which clarifies that trusts established by Muslims for purposes similar to a Waqf are exempt from the provisions of the Waqf Act. The amendment aims to distinguish secular trusts from Waqf properties, allowing such trusts to manage their assets independently of Waqf Boards. This distinction is seen as a possible solution to longstanding disputes, such as the one in Munambam, by affirming that the land in question is held by a trust and not a Waqf under the Act.
"It has already been proven that the land belonged to the Farook College management, which is a trust. Therefore, the sale of the land becomes valid under the new clause in the amendment," said Joseph Benny, convenor of the Munambam Bhoo Samrakshana Samithi. He added that residents are now looking to the central and state governments for a swift resolution to the issue. "We will be intensifying our agitation in the coming days," he said.
However, not everyone shares the residents' optimism. P. K. Ibrahim, a senior advocate at the High Court, expressed reservations about the applicability of Section 2(a), Clause 2(A) in the Munambam case.
"The property has been deeded as Waqf, and hence the amendment does not apply. Farook College has not been designated as a trust in the title deeds," he pointed out.