'Casual, Lackadaisical': High Court Expresses Dismay With Delhi Govt's Failure To Constitute Waqf Tribunal

The Delhi High Court has expressed dismay with Delhi Government's failure to constitute the Waqf Tribunal here, saying that the approach has been “casual and lackadaisical.”Noting that the Delhi Government failed to take requisite steps for constitution of the Waqf Tribunal, Justice Sachin Datta said:“It appears that the GNCTD has not yet even submitted its proposal to the Central Government for appointment of Members of the concerned Waqf Tribunal. This Court is constrained to express its dismay with the casual and lackadaisical approach of the GNCTD in this regard.”The Delhi Government's Law Secretary, who joined the proceedings virtually, assured that urgent steps will be taken so as to ensure that the Tribunal is constituted at the earliest.He thus requested that the matter be adjourned by two weeks to enable the Delhi Government to report progress. Accordingly, the Court listed the case for hearing on September 18. The Court was hearing a plea moved by Masjid and Dargah Shah Abdul Salam, a duly Notified Waqf, through its Mutawalli, Mohammad Mohiuddin. Notice in the plea was issued by a coordinate bench last year.The petition sought a direction on the Delhi Government to immediately issue a notification for re-constitution of the Waqf Tribunal in the national capital.The plea submits that the Waqf Tribunal last functioned in Delhi on April 20, 2022, when the erstwhile member of State Judicial Service or ADJ was transferred from the Tribunal to another Court. “However, the respondent no.1's apathy is manifest from the fact that the respondent no.1 did not issue the requisite Notification under Section 83 (1) of the Waqf Act, 1995. Consequently, the learned Waqf Tribunal continued to suffer from the defect, i.e., absence of Notification,” it adds. Furthermore, the plea submits that the Delhi Government also needs to renotify the other two members of the Tribunal, otherwise by the time the notification of the Chairman is issued, they will reach the termination point of their deputation. “The failure on the part of the respondent no.1 in issuance of the requisite Notification not only contributes in the increased pendency before the learned Waqf Tribunal but also results into increased burden on this Hon'ble Court as the litigant who wants or needs urgent interim relief, approaches this Hon'ble Court invoking Article 226 of the Constitution, whereas, this Hon'ble Court is the Revisional Court for the orders and judgments passed by the learned Waqf Tribunal,” the plea states. Title: Masjid and Dargah Shah Abdul Salam v. The Government of NCT of Delhi & AnrClick here to read order

'Casual, Lackadaisical': High Court Expresses Dismay With Delhi Govt's Failure To Constitute Waqf Tribunal

Nupur Thapliyal

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