High Court Urges Swift Waqf Tribunal Creation in JK

High Court Urges Swift Waqf Tribunal Creation in JK

Asif Iqbal | March 2, 2024 | 07:44 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

High Court Urges Swift Waqf Tribunal Creation in JK

High Court Urges Swift Waqf Tribunal Creation in JK

In a groundbreaking development, the High Court of Jammu and Kashmir and Ladakh has issued a directive with far-reaching implications for the resolution of disputes involving the Waqf Board. The court, under the stewardship of Justice Sanjeev Kumar, has mandated the swift creation of one or more Waqf Tribunals in the Union Territory of Jammu and Kashmir, setting a strict two-month deadline. This decisive move is aimed at ensuring that individuals grappling with disputes against the Waqf Board are not left without a legal remedy.

Waqf Tribunal Creation in JK:Concerns Raised Over Arbitrary Rent Increases

The court’s intervention came in response to a batch of writ petitions filed by occupants of Waqf Board properties who expressed serious concerns about arbitrary hikes in rents demanded by the Board for the properties they occupied. Justice Sanjeev Kumar, in dismissing these writ petitions, underscored the urgent need for the establishment of Waqf Tribunals in the absence of which the legal landscape appeared chaotic.

Authorities Issue Avalanche Warning Across JK

Waqf Tribunal Creation in JK:Waqf Board Challenges High Court Jurisdiction

In the legal battle that unfolded, the Waqf Board contended that the High Court lacked jurisdiction to intervene through its writ powers. According to the Board, as an entity established under the Waqf Act, 1995, it did not fall under the purview of writ jurisdiction as outlined in Article 226 of the Constitution. The argument pivoted on the assertion that the Waqf Board did not qualify as a State or a person/authority subject to such jurisdiction.

Waqf Tribunal Creation in JK:Defining the Scope of “State” under Article 12

The High Court, in response to the Board’s claim, clarified that mere statutory authority did not automatically classify the Waqf Board as a “State” under Article 12 of the Constitution. It emphasized that the Board could only be considered a “State” if it was financially, functionally, and administratively controlled by the government. The court reiterated that the writ jurisdiction under Article 226 would only come into play if the dispute involved a function with a discernible “public element.” Disputes of a commercial or contractual nature, such as those related to lease agreements or rent payments, were deemed outside the scope of public functions.

In the final judgment, the Court dismissed the rent disputes against the Waqf Board, emphasizing that no writ under Article 226 would be applicable for private rights emerging from lease agreements. However, recognizing the absence of a Waqf Tribunal in Jammu and Kashmir, the Court expressed genuine concern about petitioners being left without legal recourse. Consequently, it directed the immediate establishment of Waqf Tribunals within the Union Territory within a two-month timeframe while maintaining the status quo regarding the petitioners’ concerns during this interim period.

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.