The Supreme Court has ruled that the main concern of the Maharashtra State Board of Wakfs should be maintaining and protecting the Wakf and not the other public trust. While hearing the petition of the case Maharashtra State Board of Wakfs V. Shaikh Yusuf Bhai Chawla & Ors., the Division bench comprising of Justices KM Joseph and Hrishikesh Roy noted that "The Wakf Board will not have jurisdiction over a public trust."

The order was related to an issue agreed to be decided by the court on July 1 relating to "whether According to the guidelines of the Bombay Public Trust Act of 1950 and the Wakf Act, any charity trust created by someone who practices Islam is required to be a Wakf."

Former Attorney General and senior advocate KK Venugopal, appearing on behalf of the Maharashtra State Board of Wakfs, explained before the court that the High Court instructed all Muslim public trusts to apply the Bombay Public Trusts Act, 1950 until the incorporation of Wakfs under the Wakf Act, 1950 in the contested decision as well as that the High Court was unable to give the Charity Commissioner, jurisdiction to continue overseeing Muslim public trusts, including the registered Wakfs. They also pointed out that the definition of Wakfs available in the Wakf Act, 1950 has a broader meaning than the one explained under the Bombay Public Trusts Act, 1950 and that the Wakf Act supersedes the Public Trust Act as per the principle of repugnancy as per Article 254 of the Constitution.

"The Act repealed the 1954 Act and was enacted to provide for better administration of Wakfs. The Act is a complete code dealing with the administration and supervision of Wakfs and Wakfs properties." held the Court.

The High Court has quashed the constitution of the Maharashtra State Board of Wakfs, relying on the facts presented that there was no survey report detailing the number of Shia or Sunni Wakf in the State as of the day. The Board was established by the State administration. In response to that, Venugopal pointed out that the High Court has not appreciated the Wakf Act as a special act that would overcome the general state legislature.

The hearing is still pending in the court and will continue at the next hearing.

Case Details:-

Special Leave to Appeal (C) No(s). 31288-31290/2011

Maharashtra State Board Of Wakf   ...Petitioner

Vs.

Shaikh Yusuf Bhai Chawla & Ors   ...Respondent