Today, 6th May, The Waqf Tribunal’s dormancy over the past two years prompted the Delhi High Court to demand clarification from the state authorities. In response to this prolonged period of inactivity, the court seeking accountability and an explanation for the tribunal’s lack of proceedings. This move highlights the court’s commitment to ensuring the effective functioning of legal bodies tasked with managing waqf properties.
New Delhi: The Delhi High Court, On Monday, issued a directive seeking a response from the Delhi government regarding a plea for the establishment of tribunals to handle disputes concerning waqf or waqf properties under the Waqf Act.
Justice Subramonium Prasad instructed the government to submit its response and scheduled the matter for further consideration in July. The plea highlights the necessity of tribunals dedicated to resolving conflicts related to waqf properties, which are charitable endowments in Islamic law.
The High Court received a petition from Masjid and Dargah Abdul Salam, situated in the Connaught Place vicinity. The petition highlights a significant issue regarding the non-functioning status of the tribunal established under Section 84 of the Waqf Act.
According to the petition, the tribunal’s operations ceased in April 2022. This cessation occurred due to the transfer of the previous tribunal member, an Additional District Judge, to another judicial position. Consequently, a replacement from the State Judicial Service took over the role. However, the tribunal’s functionality not officially reinstated through the necessary notification process. As a result, the tribunal has been unable to carry out its duties effectively.
In summary, Masjid and Dargah Abdul Salam‘s petition highlights the irregularity in the tribunal’s operations following the transition of its member in April 2022. The absence of proper notification has hindered the tribunal’s ability to fulfil its mandate.
The petition elucidated,
“The Delhi government’s indifference is evident as they failed to issue the necessary Notification under Section 83 (1) of the Waqf Act, 1995. As a result, the Waqf Tribunal faced the persistent issue of lacking the required Notification.”
The absence of the necessary notification from the Delhi government not only led to a rise in pending disputes before the Waqf Tribunal but also added to the workload of the High Court. Litigants seeking urgent interim relief compelled to seek recourse from the High Court, further burdening its resources.
The plea stated,
“The petitioner, Masjid and Dargah Abdul Salam, is engaged in multiple legal disputes before the esteemed Waqf Tribunal concerning specific areas of the Waqf property in question. Nevertheless, due to the absence of the mandated notification under Section 83(1) of the Waqf Act, 1995, the progress of these lawsuits has been abruptly halted, significantly harming the petitioner,”
Advocate Wajeeh Shafiq represented the petitioner and presented arguments in the case. The writ petition, on the other hand, submitted by advocate Mudassar Jahan Faridi.
The state has been directed to address the issue, with the High Court emphasizing the importance of operational tribunals to ensure the timely adjudication of cases.