Gujarat High Court ends exemption for Waqf trusts from court fees

Ahmedabad: Dismissing nearly 150 petitions filed by Waqf trusts seeking exemption from paying court fees, the Gujarat High Court has ruled that Waqf institutions must pay the prescribed fees to approach the Waqf Tribunal. The court held that Waqf bodies cannot claim special privileges and must be treated on par with other religious and charitable trusts.

State government counsel G.H. Virk, appearing for the Gujarat government and the Gujarat State Waqf Board, argued that Hindu temple trusts, charitable organisations, cooperative societies and private entities are required to pay court fees to seek legal remedies, and Waqf trusts cannot be exempted from this obligation.

Reacting to the verdict, Deputy Chief Minister Harsh Sanghavi termed it a historic decision, saying the court has ensured equality before the law. He alleged that earlier provisions introduced during the Congress regime waived court fees for Waqf-related cases as part of vote-bank politics, while cases involving temples, gurdwaras and other religious institutions were required to pay fees.

The High Court rejected petitions filed by prominent Waqf bodies, including the Sunni Muslim Idgah Masjid Trust, Vadodara City Masjid Sabha Trust, and the Sarkhej Roza Committee of Ahmedabad. Clarifying that no litigant is above the legal process, the court ruled that Waqf institutions must follow the same procedural requirements as other religious organisations.

The order ends a long-standing practice arising from ambiguity in earlier Waqf laws and makes it mandatory for Waqf trusts to pay court fees to pursue judicial proceedings. All pending applications seeking exemption were dismissed as lacking legal merit. DeshGujarat