Gujarat High Court Questions Appointment Of Waqf Tribunal Member Amid Allegations Of Criminal Antecedents, Seeks Response From State

The Gujarat High Court on Friday, during a hearing of a public interest litigation (PIL) challenging the appointment of the third member of the Waqf Tribunal in the state, sought an explanation from the state regarding the appointment of Anwar Hussain Shaikh, amidst allegations of his criminal antecedents.

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee directed the state government and Shaikh to respond to the contentions raised for his removal from the post.

“Let an affidavit of a competent officer from the office of respondent no. 1 be filed on the next date of fixed about the issue raised by the petitioners with regard to the selection of a person who has criminal antecedents. Similarly, Mr. Brijesh Trivedi shall file reply to the averments in the writ petition and the affidavits filed by the petitioners,” CJ Agarwal dictated in the order issued on April 19.

Earlier this year, Shaikh was appointed as a member of the Waqf tribunal for his expertise in Islamic law and jurisprudence. However, this appointment faced opposition, with three petitioners filing a Public Interest Litigation who claimed to be the Mutawallis/Trustees of the WAQF namely, Bibiji Masjid Rajpur Ahmedabad.

When CJ Agarwal inquired about the qualification stipulated in the act for the appointment as a member to the Wakf Tribunal, the petitioner's counsel referenced Section 83(4) of The Wakf Act, 1995 which mandates that every Tribunal must comprise: (a) a Chairman, who is a member of the State Judicial Service ranking no lower than a District, Sessions, or Civil Judge, Class I; (b) a Member from the State Civil Services equivalent in rank to an Additional District Magistrate; (c) a Member with expertise in Muslim law and jurisprudence. These appointments are to be made by name or designation.

When Advocate Brijesh Trivedi, representing Shaikh, was called by the CJ for his response to the petitioner's claim, he proposed submitting a short affidavit countering the allegations as false and baseless. Trivedi also highlighted that the three persons who filed the petition never continued as muttawalis.

The next hearing regarding this matter is scheduled for June 28th.

Case No.: R/WPPIL/14/2024

Case Title: Khurshid Ahmed Kasambhai Shaikh & Ors. V/S State Of Gujarat & Anr.