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Wakf Tribunal Has No Supervisory Jurisdiction Over Wakf Boards

In The Board of Auqaf, West Bengal Vs Golam Mustapha, the Calcutta High Court observed that as per the Wakf Act 1995, there are three judicial functions which are vested with the tribunal to be discharged viz. (i) as a trying forum by entertaining suits as contemplated under Section 6, Section 7 and Section 32(3) of the said Act; (ii) as an appellate forum by entertaining appeals as contemplated under Section 33(4), Section 13 38(7), Section 40(2), Section 40(4), Section 51(5), Section 52(4), Section 64(4), Section 67(4), Section 67(6), Section 69(3) and Section 73(3) and (iii) under Section 83(2) by entertaining applications, as contemplated under Section 35, Section 39(3), Section 48(2), Section 83(2) and Section 94(1) of the said Act.

The bench then said that Tribunal cannot assume supervisory jurisdiction to pass any direction upon the Board of Wakf and/or any other authority under the said Act. As such, jurisdiction which was not vested either directly or indirectly upon the Tribunal by the said Act cannot be assumed by the Tribunal by itself. Since the supervisory jurisdiction is not vested with the Tribunal, the Tribunal cannot assume jurisdiction to pass any direction upon the Board of Wakf to dispose of any pending application before it.

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