The Kerala High Court’s order of March 17 dealt a heavy blow to the CPM-led Left Democratic Government, presided over by CPM supremo and Chief Minister CM Pinarayi Vijayan. The High Court struck down the appointment of Justice (Retd) C.N. Ramachandran Nair in connection with the serious Waqf land issue at Munambam, Ernakulam district. Organiser has carried several stories regarding the Munambam Waqf issue.
More than 600 families are facing possible eviction as the Waqf Board stakes unlawful claims over 404 acres of land in Munambam. The affected families have been staging a peaceful satyagraha there for the last few months.
A High Court Bench of Justice Bechu Kurien Thomas ruled that since the issue is being considered by the Waqf Tribunal, even though there are chances of a law-and-order problem, it is unnecessary to implement the clauses of the Commission of Inquiry Act at the moment. The Governor ordered the appointment of the Commission on September 27, 2024. Several petitions, including that of the Kerala Waqf Samrakshana Vedi (Kerala Waqf Protection Council), were considered by the Court.
Kerala: Church leads statewide protests to support Munambam, challenges Waqf authority https://t.co/1NZF1UkKIX
— Organiser Weekly (@eOrganiser) November 12, 2024
The Court stated that the Waqf Rule is a comprehensive rule covering Waqf land. The power to ascertain whether land is Waqf or not rests with the Waqf Tribunal (the Court was obviously referring to the existing rule). Even though the government enjoys the authority to gather details for decision-making, since the matter is before the Board, the government cannot opt for the Commission of Inquiry Act. Since the Commission is led by a former High Court judge, any observations made regarding a matter already before the Board will create serious repercussions. Any references to, or findings regarding, the possession of the lands, even if indirect, will jeopardise the interests of the parties contesting before the Tribunal and will complicate the resolution of the issue.
#WATCH | Kochi, Kerala | The Kerala government appointed CN Ramachandran Nair Commission to investigate a land dispute in the coastal village of Munambam in December 2024. The dispute was between the Waqf Board and the natives of the village.
Justice C N Ramachandran Nair… pic.twitter.com/KCNYiH1G4s
— ANI (@ANI) February 2, 2025
It was presumed that the appointment of the Commission was an eyewash to divert public ire against the Waqf, as three by-elections were scheduled to take place in November 2024. These were in the Palakkad and Wayanad Parliament constituencies and the Chelakkara Assembly constituency. Now, the High Court ruling has unmasked the government’s ploy to deceive voters.
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