Now Reading: SC to hear challenge to Gujarat HC waqf fee order
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SC to hear challenge to Gujarat HC waqf fee order
The Supreme Court has agreed to hear a plea against a Gujarat High Court order that upheld the rejection of waqf suits for non-payment of court fees. The bench of Justices Manoj…
The Story in Brief
The Supreme Court has agreed to hear a plea against a Gujarat High Court order that upheld the rejection of waqf suits for non-payment of court fees. The bench of Justices Manoj Misra and Vijay Bishnoi issued notice, returnable in six weeks, on the petition filed by the Ahmedabad Sunni Muslim Waqf Committee.
The High Court in January relied on its December 2025 ruling that waqf institutions are not exempt from paying court fees before the State Waqf Tribunal. It held that proceedings under Section 83 of the Waqf Act involve adjudication of property rights and are akin to civil suits. The committee argues that neither the Waqf Act nor the Rules provide for payment of court fees, implying an express exclusion.
The Indian Opinion
Some may paint this as the judiciary creating hurdles for waqf institutions, while others will claim waqf bodies are dodging legitimate fees. The real dispute is legal: does the Waqf Act's silence on court fees mean automatic exemption, or does the tribunal's civil-suit-like function demand fees? The Supreme Court must decide whether form (an application vs a plaint) should trump substance. Watch if the court distinguishes between the two.
Sources (2): siasat.com, thehindu.com
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
