Supreme Court: Analysing the ambit of jurisdiction conferred upon a Wakf Tribunal in the present case where the appellant had sought for injunction order to restrain the defendants from interfering in the peaceful enjoyment of the mosque and the assets attached to it as well as the administration and management of the affairs of the mosque., the Court held that the Wakf Tribunal had jurisdiction to entertain a suit for injunction. The question regarding Wakf Tribunal’s jurisdiction arose in the light of the order given by the Kerela High Court that denied such jurisdiction to the Wakf Tribunal relying on the Supreme Court judgment of Ramesh Gobindram v. Sugra Humayun Mirza, (2010) 8 SCC 726. The division bench of Hon’ble K S Radhakrishnan and A.K. Sikri, JJ. held that the order passed by the lower court was vitiated by error as they failed to distinguish the facts of the current case with the facts of the said Supreme Court judgment. The court observed that in the said Supreme Court judgment itself, it was held that the jurisdiction of the civil court is excluded when the tribunal under question is required to deal with the disputed issue under the act or the rules prescribed. In the judgment relied on by the High Court, the nature of the relief was such that the abovementioned requirement was not fulfilled, hence it was held that the Wakf Tribunal did not have jurisdiction. In the present case, however, the issue was regarding the administration, management and enjoyment of the mosque and the assets attached to it which clearly comes under the purview of the Wakf Tribunal. The Court set aside the order passed by the High Court and remitted the matter to be considered for revision. [Akkode Jumayath Palli Paripalana Committee v. P.V. Ibrahim Haji and Ors., Civil Appeal Nos. 6124-6125 of 2013, decided on July 23, 2013]
Posted on: Wed, 07 Aug 2013 20:35:54 +0000
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