Read Time: 04 minutes

Synopsis

The Karnataka High Court, on Wednesday, issued a notice to the State government regarding a Public Interest Litigation (PIL) challenging the legality of a government order that authorises district Wakf boards to issue marriage certificates to married Muslim couples.

A Division Bench comprising Chief Justice N. V. Anjaria and Justice K. V. Aravind, directed the State to file its response by November 12. During the hearing, the court made an oral observation, stating, “Wakf board has no function to issue marriage certificates.” The court's statement reflects its earlier 2011 ruling, where it was established that the Wakf board does not have the authority to issue such certificates.

The PIL was filed by A. Alam Pasha, founder of NGO, The Helping Citizen and People’s Court, contending that the government’s order, dated September 30, 2023, is inconsistent with the provisions of the Wakf Act, 1995. According to the petition, the Act does not confer any statutory authority on Wakf boards to issue marriage certificates, and thus, the directive issued by the Under Secretary of the Minority, Wakf, and Haj Department is unlawful. The petitioner sought multiple reliefs from the High Court, primarily requesting a declaration that the government order was ultra vires, as it was inconsistent and repugnant to the provisions of the Wakf Act, 1995. Additionally, the petitioner requested the issuance of a writ of certiorari or any other suitable direction to quash the government order, arguing that it exceeded the legal powers granted under the Act, while also requesting the court to provide any further reliefs or orders that it deemed appropriate in this matter.

The court has scheduled the next hearing on this matter for November 12. The State government has been directed to submit its response by this date.

 

Cause Title: A. Alam Pasha v State of Karnataka [WP No. 19284 of 2024]