
The Supreme Court has agreed to hear a challenge to a Gujarat High Court order that upheld rejection of waqf suits for non-payment of court fees. A bench of Justices Manoj Misra…
The Supreme Court has agreed to hear a challenge to a Gujarat High Court order that upheld rejection of waqf suits for non-payment of court fees. A bench of Justices Manoj Misra and Vijay Bishnoi issued notice returnable in six weeks on the plea by the Ahmedabad Sunni Muslim Waqf Committee.

The high court had in January relied on its December 2025 ruling that waqf institutions are not exempt from paying court fees before the Gujarat State Waqf Tribunal. The tribunal had dismissed proceedings for insufficient fees. The committee argues that neither the Waqf Act nor its rules provide for payment of court fees, claiming the law expressly excludes it. The high court held that tribunal proceedings adjudicate property rights like civil suits and thus attract fees.

The Gujarat High Court’s ruling places waqf bodies on the same footing as any litigant, but the Waqf Act’s silence on fees cuts both ways. Critics cry judicial overreach; supporters say no one should get a free pass to tie up tribunals. The real test will be whether the Supreme Court reads the Act’s silence as an exemption or a gap the legislature must fill.
Source: siasat.com
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