Delhi High Court Issues Notice On Plea To Reconstitute Waqf Tribunal

The Delhi High Court on Monday issued notice on a plea seeking a direction on the Delhi Government to immediately issue a notification for re-constitution of the Waqf Tribunal in the national capital.

Justice Subramonium Prasad sought response of the Delhi Government on the plea moved by Masjid and Dargah Shah Abdul Salam, a duly Notified Waqf, through its Mutawalli, Mohammad Mohiuddin.

The plea submits that the Waqf Tribunal last functioned in Delhi on April 20, 2022, when the erstwhile member of State Judicial Service or ADJ was transferred from the Tribunal to another Court.

“However, the respondent no.1's apathy is manifest from the fact that the respondent no.1 did not issue the requisite Notification under Section 83 (1) of the Waqf Act, 1995. Consequently, the learned Waqf Tribunal continued to suffer from the defect, i.e., absence of Notification,” it adds.

Furthermore, the plea submits that the Delhi Government also needs to renotify the other two members of the Tribunal, otherwise by the time the notification of the Chairman is issued, they will reach the termination point of their deputation.

“The failure on the part of the respondent no.1 in issuance of the requisite Notification not only contributes in the increased pendency before the learned Waqf Tribunal but also results into increased burden on this Hon'ble Court as the litigant who wants or needs urgent interim relief, approaches this Hon'ble Court invoking Article 226 of the Constitution, whereas, this Hon'ble Court is the Revisional Court for the orders and judgments passed by the learned Waqf Tribunal,” the plea states.

The plea has been moved through Advocate Mudassar Jahan Faridi. Advocate Wajeeh Shafiq.

Title: Masjid and Dargah Shah Abdul Salam v. The Government of NCT of Delhi & Anr.