The Karnataka High Court has once again extended its interim order restraining the State Waqf Board and its officers from issuing marriage certificates to Muslim applicants. The interim protection will remain in force until further orders are passed by the court.
The division bench, comprising Chief Justice N V Anjaria and Justice K V Aravind, expressed its displeasure over the repeated delays by the state government in filing its response to the public interest litigation (PIL) filed by petitioner A Alam Pasha. The court was hearing the matter connected to the validity of a government order dated August 30, 2023, issued by the Under Secretary to the Government, Minority, Wakf and Haj Department, which empowered the State Waqf Board and its officers to issue marriage certificates.
The petitioner has argued that the government’s directive is inconsistent with and contrary to the provisions of the Wakf Act, 1995. He sought to have the order declared ultra vires to the Act, claiming the Waqf Board does not possess the legal authority to issue marriage certificates.
While highlighting the importance of the issue, the court observed,
"This petition was filed as back as 2024. This raises an important issue of power and authority on the part of the Waqf Board in recognising marriage and issuing marriage certificates."
The High Court had earlier passed an interim order on November 21, 2024, keeping the government’s directive and actions by the Waqf Board officers in abeyance. Despite the passage of time, the state government has not yet submitted its reply, prompting the court to note the recurring delays
in handling the matter.Despite that the records bear out that the petition has been adjourned from time to time only on the ground that the reply affidavit is not filed by the state government. Today also Additional Government Advocate Niloufer Akbar, prays for time for the very purpose.
Taking a stern view of the delay, the court further observed,
"It is to be observed as unfortunate that respondent state has not been responsive in filing the affidavit in reply to this PIL, despite time being given for three occasions."
The court made it clear that no further extensions would be granted to the state government beyond June 9, 2025, for filing its response. It directed that the matter be listed for the next hearing on June 11, 2025. In the meantime, the interim order issued on November 21, 2024, will continue to remain in effect.
This development ensures that until the legal question of whether the Waqf Board has the power to issue marriage certificates is settled, the practice will remain suspended.
Case title: A Alam Pasha AND State of Karnataka & Others
Case No: WP 19284/2024
