‘Munambam judicial commission illegal’: Kerala Waqf Board tells Supreme Court

New Delhi: The Kerala Waqf Board has challenged the State Government’s decision to appoint a judicial commission in the Munambam land dispute. In a petition filed before the Supreme Court, the Board alleged that the appointment of Justice C N Ramachandran Nair as the judicial commission is unlawful. The Board has criticised the State government’s action in the petition submitted in connection with the Munambam issue. It has further contended that the question of whether the Munambam land is Waqf property or not must be decided by the Waqf Tribunal.

The State Waqf Board, chaired by CPM leader and former PSC chairman M K Sakeer, has opposed before the Supreme Court the inquiry being conducted by Justice C N Ramachandran Nair in the Munambam matter. Citing Section 83(1) of the Waqf Act, the Board has argued in its petition that the final determination in disputes relating to Waqf property rests with the Waqf Tribunal, and that neither courts nor a judicial commission have the authority to decide the issue. The petition also notes that a case related to the Munambam dispute is currently pending before the Kozhikode Waqf Tribunal.

The Board has further argued that the High Court’s ruling declaring that the Munambam land is not Waqf property is erroneous. It has maintained that Waqf property cannot be determined through a writ appeal or writ petition and has therefore sought the quashing of the High Court’s judgment. The petition, filed through advocate K R Subhash Chandran, also alleges that the High Court did not hear the Board’s arguments in this significant case.

A review petition had earlier been filed before the Kerala High Court challenging the order that the Munambam land is not Waqf property. However, the High Court disposed of the review petition, noting that a related matter was pending before the Supreme Court. It was thereafter that the Kerala Waqf Board approached the Supreme Court. The Supreme Court had earlier directed that status quo be maintained in respect of the Munambam land.