Kerala Govt Moves Supreme Court Challenging HC Order Restraining State Waqf Board From Taking Major Decisions

The Kerala Government has approached the Supreme Court challenging the Kerala High Court's recent order restraining the Kerala State Wakf Board from taking major policy decisions.

Chief Justice of India Surya Kant agreed to list the matter on Monday/Tuesday after it was mentioned for urgent listing. Senior Advocate V Chitambaresh mentioned the matter, saying that through an interim order without notice to the other side, the Board has been made virtually defunct. The senior counsel pointed out that in a similar order concerning the Tamil Nadu Wakf Board, the Supreme Court had granted interim relief.

The High Court passed the restraint order after noting that the State Wakf Board was constituted without including two non-Muslim members and one Shia member as per the mandatory requirements introduced as per the 2025 Waqf Amendment Act.

Acting on PILs filed challenging the State Wakf Board constitution, the High Court Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. prima facie found that the Board is not constituted in accordance with Section 14 of the Unified Waqf Management, Empowerment, Efficiency, and Development Act 1995 due to the absence of 2 non-Muslim members and one Shia member.

"In view of the fact that admittedly, two non-Muslim members have not been included in the Waqf Board and also, as urged by some of the writ petitioners that one Shia member should also be included, we hold that the constitution of the Board prima facie appears to be not in conformity with Section14 of the said Act. Hence, the present Board shall not take any major decisions or incur any capital expenditure or any policy decision without the express leave of this Court," the High Court ordered.