Kerala High Court transfers the case to a larger bench after refusing to stay on the Waqf Board reform


The Kerala High Court on Monday refused to halt the UDF government’s decision to reconstitute the State Waqf Board and referred the matter to a division bench. The move comes amid controversy over the exclusion of the Sunni faction led by Kanthapuram AP Aboobacker Musliyar.

Former board chairman KS Hamsa had approached the court seeking a stay on the reconstitution. The single bench observed that his petition raised issues closely connected to those in another Public Interest Litigation and related cases already pending before a division bench.

On Friday, the government dissolved the board headed by Hamsa, which had been formed by the previous LDF government in March. It then appointed a new nine-member board led by Indian Union Muslim League (IUML) leader MC Mayin Haji.

SUNNI FACTION ALLEGES EXCLUSION

The Kanthapuram faction of Samastha Kerala Jem-iyyathul Ulama has accused the government of failing to provide it with adequate representation. The faction has announced plans to hold marches to collectorates across all 14 districts on October 22.

Faction leader Rahmathulah Saqaufi Elamaram alleged in a Facebook post that the government had intentionally sidelined both the AP and EK factions of Samastha. He also questioned the inclusion of organisations that, according to him, managed only a small proportion of Waqf properties in Kerala.

Siraj, the AP faction’s Malayalam mouthpiece, accused the government in a Sunday editorial of going back on its assurance to provide Samastha with proper representation on the Waqf Board and Hajj Committee.

“The Waqf Board is not a mechanism to protect the interests of any political party,” the editorial stated. It emphasised that the board’s responsibility was to safeguard Waqf properties, prevent encroachments and misuse, and ensure that the income generated from them was used for their intended purposes.

IUML DEFENDS NEW BOARD

IUML state president Sayyid Sadiq Ali Shihab Thangal defended the government’s decision, stating that organisations excluded from the Waqf Board could receive representation in other bodies, such as the Hajj Committee and the Madrasa Welfare Fund Board.

He also rejected claims that Samastha had been left without representation on the newly constituted board.

“There are two representatives from Samastha. One is the chairman himself, who is among the prominent people in Samastha. Musthafa Faizi is also from Samastha,” he told reporters on Sunday.

Thangal said the board would address the concerns of all institutions fairly and without discrimination. He added that the IUML had convened a meeting of Muslim organisations to discuss matters including the reconstitution of the Waqf Board.


 

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