Gujarat High Court Initiates Suo Motu Plea On Appointment Of State Waqf Tribunal Member

The Gujarat High Court on Friday initiated a suo motu petition in connection with appointments made to the State Waqf Tribunal, while it was hearing a plea challenging the appointment of one of the member's–Anwar Hussain Shaikh.

Earlier this year, Shaikh was appointed as a member of the Gujarat State Waqf Tribunal. However, this appointment faced opposition, with three persons, claiming to be the Mutawallis/Trustees of the Bibiji Masjid Rajpur (waqf in question), filing a Public Interest Litigation.

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi took note of the "vehement assertions" made by Shaikh's counsel regarding the locus of the  petitioners to maintain the petition, wherein he argued that statement made by petitioners that they are mutawallis of the waqf property–Bibiji Masjid Rajpur (in Ahmedabad), is not correct since "two of persons who were shown as mutawallis of the waqf property had expired much earlier".

Taking note of the same, the bench proceeded to convert the petition into a suo motu PIL. Meanwhile countering Shaikh's submissions, the petitioners' counsel said that the "statement is misconceived as petitioners have filed change report which is pending". For context a Mutawalli is a person appointed by the competent authority for  managing or administering a waqf property. 

During the hearing the high court also questioned the state government on what was the decision it took, after it received "information about the criminal cases pending in the courts against" Shaikh. The high court asked the Legal Secretary, Legal Department (State of Gujarat) to file his personal affidavit on this point. 

"The legal secretary, Government of Gujarat is also required to explain as to how a person who has not disclosed his credentials at the time of seeking appointment can be continued to occupy position of member, Waqf tribunal," the court said. 

Section 83(4) of The Waqf Act stipulates the qualification required for appointment as a member to the Tribunal. As per the provision, every Tribunal must comprise (a) a Chairman, who is a member of the State Judicial Service ranking no lower than a District, Sessions, or Civil Judge, Class I; (b) on person (member) from the State Civil Services equivalent in rank to an Additional District Magistrate; (c) and one person (member) with expertise in Muslim law and jurisprudence. Shaikh's appointment was made in the third category. 

The matter is next listed on August 30. 

Case title: KHURSHID AHMED KASAMBHAI SHAIKH & ORS. v/s STATE OF GUJARAT & ANR.