Thiruvananthapuram, July 21 (IANS) The Supreme Court’s refusal to stay the restrictions imposed by the Kerala High Court on the functioning of the Kerala State Waqf Board has prompted the Bharatiya Janata Party (BJP) to claim that its legal challenge against the Board has been substantially upheld.
BJP State Vice-President Shaun George, who had challenged the constitution of the Board before the Kerala High Court, said on Tuesday that the apex court had granted only limited relief to the Waqf Board by removing the observation in Paragraph 6 of the High Court judgment relating to the supervisory role of the Joint Secretary.
He noted that the Supreme Court had left all other directions issued by the High Court untouched.
According to George, this means the restrictions imposed by the High Court on the Board’s functioning will continue. These include curbs on taking major policy decisions, creating financial liabilities, and utilising funds.
The BJP leader said the Kerala State Waqf Board had been functioning since February without appointing the two non-Muslim members whose inclusion is mandatory under the Waqf (Amendment) Act. It was this alleged violation that prompted him to approach the High Court seeking intervention.
He also pointed out that the Supreme Court had not interfered with the High Court’s decision to keep in abeyance the decisions taken by what he described as an illegally constituted Board.
“The Supreme Court’s stand sends a clear message that institutions functioning in violation of statutory provisions cannot expect judicial protection,” George said.
He further argued that the order reinforces the principle that laws enacted by Parliament are binding on all states alike and that political or ideological differences cannot be cited as grounds for non-compliance.
Describing the order as a significant legal development, George said it strengthens the BJP’s position that constitutional governance and the rule of law must prevail in the functioning of statutory bodies.
–IANS
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