Supreme Court Clarifies Waqf Tribunal Jurisdiction

The Supreme Court ruled that Waqf tribunals only have jurisdiction over properties listed in the 'list of auqaf' or registered under the Waqf Act. Civil courts retain jurisdiction unless properties are specifically notified, overruling a Telangana High Court decision involving unregistered property under the Waqf Act.

The Supreme Court has clarified the jurisdictional reach of Waqf tribunals, emphasizing that their authority is limited to properties explicitly mentioned in the 'list of auqaf' or those registered under the Waqf Act. In a significant decision, the court highlighted that civil courts are not automatically deprived of jurisdiction under Section 85 of the Waqf Act, 1995.

The ruling came from a bench comprising Justices Sanjay Kumar and K Vinod Chandran, who overturned a ruling by the Telangana High Court. The high court's decision pertained to a property not registered under the Waqf Act, leading to questions about the tribunal's jurisdiction over such cases.

The bench emphasized that the Waqf Act does not wholly exclude civil courts' jurisdiction, allowing them to entertain suits or proceedings unless a property is specifically listed as Waqf under the Act. This clarification underscores that the tribunal's jurisdiction is conditional and not all-encompassing.

(With inputs from agencies.)