Kerala High Court Overturns Inquiry Commission Appointment in Waqf Dispute

Synopsis

On March 17, the Kerala High Court ruled against the appointment of an Inquiry Commission by the Pinarayi Vijayan government, which was intended to address a dispute between Munambam residents and the Waqf Board. The court deemed the appointment inappropriate as the matter is still before the Waqf Tribunal.

Key Takeaways

The Kerala High Court annulled the Inquiry Commission's appointment.
Dispute remains pending in the Waqf Tribunal.
The government failed to consider relevant legal factors.
The residents of Munambam claim their land is not Waqf property.
The Vijayan government may appeal the court's decision.

Kochi, March 17 (NationPress) The Pinarayi Vijayan administration faced a setback on Monday as the Kerala High Court granted a petition contesting the formation of an Inquiry Commission aimed at resolving a disagreement involving the Munambam community and the Waqf Board.

The ruling from Justice Bechu Kurian Thomas highlighted that the commission's appointment must be annulled since the case remains unresolved in the Waqf Tribunal.

"Despite the potential public order issues arising from the dispute, the government should not have invoked the Commission of Inquiry Act at this juncture. The critical factors necessary for establishing a commission were not duly considered, and the order appointing the inquiry commission exhibits a lack of thorough analysis and fails to comply with legal standards," stated the Court.

Furthermore, the Court noted that the government proceeded with the commission's appointment without taking into account essential information.

"It is clear that at the time of the inquiry commission's formation, the government neglected to consider the importance of the Waqf Board's observations and findings, the stipulations of the Waqf Act, and the previous report from the Inquiry Commission that was sanctioned by the government itself. Additionally, the current proceedings before the Waqf Tribunal, along with the finality dictated by section 40 of the Waqf Act, the jurisdictional barriers under Section 85 of the Act, and the implications of section 51(1)(a) of the Act were not adequately acknowledged by the government. The appointment of the Inquiry Commission was executed mechanically and without proper consideration of relevant facts," the ruling elaborated.

The petition was submitted by Waqf Samrakshana Vedhi, disputing the commission led by former High Court judge Justice C.N. Ramachandran Nair.

Responding to this development, Nair stated he had no comment, indicating it was up to the state government to address the matter.

Meanwhile, sources suggest that the Vijayan government may consider appealing to a division bench.

The residents of Munambam have been protesting due to their inability to pay land taxes or obtain property mutations from the Kuzhupilly Village Office, claiming that their properties are designated as Waqf lands.

The residents assert that their ancestors purchased the properties from Farook College. The central contention revolves around whether Siddhique Sait, who donated the property to Farook College in 1950, intended for it to be classified as Waqf property or not.