7 months ago
2
The Kerala Waqf Board (KWB) is facing the unsocial situation of restoring its “organisational esteem” and ineligible relevance and defending its determination successful the Munambam lawsuit successful the aftermath of the Division Bench of the Kerala High Court castigating it arsenic a onshore grabber portion declaring the holding arsenic not a Waqf property.
The Bench, consisting of Justices Sushrut Arvind Dharmadhikari and V.M. Syam Kumar, had, the different day, slammed the board’s notification and registration of Munambam holding arsenic a Waqf arsenic an “act of the sheer workout of onshore grabbing” made “without pursuing the owed process nether the applicable statutes.”
The legality of the Division Bench’s bid volition beryllium challenged. The committee volition question ineligible remedy to get the adverse comments successful the bid expunged. The bid has created a concern wherever it has go intolerable for the committee to discharge its ineligible work of protecting and supervising the Waqf properties, arsenic prescribed successful the Waqf Act.
Even the bona fide acts of the committee carried retired arsenic portion of discharging its duties are present being viewed with suspicion. The implications of the High Court verdict connected the scores of Waqf-related litigations pending successful assorted judicial fora volition besides person to beryllium assessed, said sources aft a gathering of the KWB present connected Tuesday.
The KWB, constituted nether the Waqf Act, stands to suffer its relevance if the observations are not legally expunged and the bid challenged. The code and tenor of the High Court disapproval person seemingly created an content that the board’s actions could trigger hatred and destruct communal amity, they felt.
The board, according to sources, was not offered the accidental to contiguous its views oregon record statements regarding the quality of the disputed holding, arsenic the contented successful question was the legality of the azygous judge’s determination cancelling the assignment of C.N. Ramachandran Nair committee connected Munambam.
The gathering has decided to question ineligible proposal from a elder lawyer. The aboriginal people of enactment volition beryllium decided aft obtaining ineligible opinion, said M.K. Sakkeer, Chairperson of the board.
The committee volition besides people its objection to the High Court reflection that “if judicial seal of support is placed connected specified an arbitrary declaration of Waqf, time immoderate random gathering oregon structure, including Taj Mahal, Red Fort, Niyama Sabha Mandiram (State Legislature Complex), oregon adjacent this court’s gathering would beryllium susceptible of being painted with the brushwood of a Waqf spot by the Waqf committee connected the ground of immoderate random papers astatine immoderate constituent of time.”
Such observations made without immoderate ineligible backing volition bash much harm than immoderate payment to the parties to the litigation, said committee authorities successful effect to the tribunal verdict.
