The Supreme Court noted that the matter was coming up before the high court again on Wednesday and urged it to decide expeditiously.

PILs questioned Waqf Board constitution

The court was hearing an appeal filed by the Board against the high court’s interim direction, which came on public interest litigations (PILs) questioning its constitution.

Senior Advocate V Chtambaresh, appearing for the Board, contended that the ad-interim direction was passed behind its back. He submitted that the Board cannot work under the command of government officers and urged the Supreme Court to modify the order.

Senior Advocate Huzefa Ahmadi, who also appeared for the Board, said, “What they want to do is—they want to substitute them with their own people. That’s the game. PIL filed by someone who belongs to a political party. Where was the question of saying that Board cannot function? And natural justice?… Section 14 (of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995) does not say that if there is any vacancy, then Board becomes defunct.”

The high court order said, “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.”