New Delhi: The Supreme Court has stayed the High Court verdict that declared the Munambam land as not Waqf property. With this order, the Munambam Inquiry Commission can continue its proceedings without interruption. The directive came while hearing an appeal filed by the Kerala Waqf Protection Forum, which sought a stay on the High Court decision.
The Supreme Court has also issued notices to the state government and other respondents. The case will be taken up again after six weeks, on January 27.
The appellants argued that since the Munambam land dispute is already pending before the Waqf Tribunal, the High Court does not have the jurisdiction to pronounce a verdict on the matter. They noted that the main question before the High Court was whether a commission could be appointed to probe a land dispute that comes under the Tribunal’s authority.
According to the Kerala Waqf Protection Forum, any dispute related to land notified as Waqf property can be adjudicated only by the Waqf Tribunal. The High Court does not have the power to issue a verdict in a writ appeal bypassing the Tribunal. They also pointed out that the Kerala Waqf Board had already issued a notification affirming that the Munambam land is Waqf property. Hence, the High Court’s earlier judgment was flawed, the petitioners argued.
With the Supreme Court’s stay, the Commission’s inquiry into the Munambam land issue will move forward as scheduled.
