The Kerala High Court has questioned the locus standi of the Government of Kerala in appointing a Judicial Commission concerning the Munambam land embroiled in Waqf ties. The Court referred to the land issue, which had already been settled by a civil court. According to the terms of reference of the Commission, the ‘settled’ land also falls under its purview. The High Court expressed surprise, asking how this could happen. The civil court reportedly pronounced its verdict in 1968, which was upheld by the High Court in 1975. Nevertheless, the Kerala government appointed the Judicial Commission in connection with the Waqf issue in late November 2024.
Justice Bechu Kurien Thomas raised several questions:
- Who is competent to appoint the Judicial Commission – the Centre or the State?
- Since Waqf is a central issue, is the state government authorized to appoint the Waqf Commission?
- Is this an eyewash?
Consequently, the Court instructed the government to clarify the jurisdiction of the Commission. The petition in this regard has been postponed to January 29. The petition was filed by the Kerala Waqf Protection Council, which challenges the appointment of the Commission.
Kerala: Munambam Judicial Commission meets waqf victims, hunger strike crosses 80 days
Via: @eOrganiser #Kerala #WAQF https://t.co/YAj8zQZaZl
— Organiser Weekly (@eOrganiser) January 7, 2025
Justice Bechu Kurien Thomas took up the case after Justice C.S. Dias withdrew from it. Earlier, the Court had found that 104 acres of land in Munambam belonged to the Waqf. The Court questioned whether this area had been excluded from the Commission’s scope. It also asked what authority the state government had to appoint the Commission and include this land.
The Court clarified that the Commission cannot intervene in ownership issues that the civil court has already settled. It opined that the state government’s decision to appoint a Judicial Commission on an issue that was already resolved is highly inappropriate.
Kerala: Church leads statewide protests to support Munambam, challenges Waqf authority https://t.co/1NZF1UkKIX
— Organiser Weekly (@eOrganiser) November 12, 2024
The statement that ascertaining ownership does not fall under the Commission’s scope has exposed the government’s betrayal. Allegations were already circulating that the appointment of the Commission was a political gimmick to appease the Munambam natives and followers of a particular religion during the by-elections for the Wayanad Lok Sabha constituency and the Chelakkara and Palakkad Assembly constituencies. Now that it is clear the Commission lacks jurisdiction to determine ownership, the allegation appears to be substantiated.
From the outset, the victims, BJP, Hindu nationalist movements, and other right-thinking individuals have alleged that the state government has been playing hide and seek regarding the Waqf issue.
