KOCHI: In a significant judicial intervention, the Kerala High Court has directed the Kerala State Waqf Board to cease all major functions, including policy decisions and capital expenditures, without express permission from the court. The Division Bench, comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar, also ordered a halt to the Board's judicial functions, marking a major setback for the current administration.

Violations of the UMEED Act, 2025

The crux of the court's decision lies in the non-compliance with the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 2025. The Act mandates a diverse composition for the Board, specifically requiring the inclusion of two non-Muslim members and at least one member from the Shia community. Petitions filed by various stakeholders highlighted that the current nine-member Board lacks this mandatory representation, thereby rendering its constitution legally flawed.

Controversies Surrounding Appointments and Land

The legal battle is multifaceted, involving allegations of political bias and land mismanagement. One petition challenged the appointment of CPI(M) leader K.S. Hamsa as the chairperson. Furthermore, the Assembly of Christian Trust Services (ACTS) raised concerns regarding the inclusion of 404 acres of coastal land at Munambam on the UMEED portal. Other petitioners, including representatives of the Aal-E-Rasool Foundation, emphasized the exclusion of the Ithna Ashaari (Shia) community, Bohra, and Aghakhani communities as required by law.

Government Response and Next Steps

Responding to the judicial scrutiny, the State Government informed the court of its intention to reconstitute the Board in strict adherence to the UMEED Act. The government aims to address the allegations regarding the Board's composition raised in the batch of Public Interest Litigations (PILs). The court has scheduled a follow-up hearing in one week to review the connected petitions and ensure that the mandate of the law is upheld.