Karnataka HC Extends Interim Order Restraining Waqf Board, Its Officers From Issuing Marriage Certificates

The Karnataka High Court on Tuesday extended the interim order passed earlier by which it kept in abeyance a government order authorising the State Waqf Board and its officers to issue marriage certificates to married Muslim applicants would continue to operate till further orders.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind took exception to the repeated request by the state government to file its reply to the public interest litigation filed by one A Alam Pasha.

The petitioner has sought to declare the government order dated August 30, 2023, issued under the hands of the Under Secretary to government, Minority, Wakf and Haj Department as being inconsistent with and repugnant to the provisions contained in the Wakf Act, 1995, and therefore declare it as ultra vires to the Act.

The bench said “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. After hearing parties including the government advocate an order was passed on 21-11-2024 and impugned order and its officer who issued the marriage certificate was put in abeyance.”

It added “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.”

Following which it said “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. In that view no further time would be given to the state to file its reply except by June 9. Petition shall be listed on June 11. In the facts of the case the interim order passed on 21-11-2024 shall operate till further orders.”

Case title: A Alam Pasha AND State of Karnataka & Others

Case No: WP 19284/2024