Supreme Court Examines Waqf Institution's Request for Exemption from Tribunal Fees

Supreme Court Questions Exemption of Waqf Institutions from Court Fees

The Supreme Court on Monday raised questions about the legal basis for exempting waqf institutions from paying court fees in proceedings before state waqf tribunals. In a hearing related to a plea against the Gujarat High Court's decision, a bench comprising Justices PS Narasimha and Aravind Kumar expressed skepticism about the claim of exemption.

During the hearing, Advocate Ejaz Maqbool, representing the petitioners, requested additional time to submit documents challenging the Gujarat High Court's decision from December 2025. However, Justice Narasimha pressed Maqbool for clarification on the basis of the exemption claim. "How can there be an exemption? What is the law that allows you to seek an exemption from court fees?" he asked.

The Supreme Court's query stems from a December 17, 2025, decision by the Gujarat High Court, which dismissed a batch of petitions filed by waqf institutions challenging the Gujarat State Waqf Tribunal's orders. The high court held that there is no blanket exemption or waiver available to waqf institutions from paying court fees for proceedings under Section 83 of the Waqf Act before the Gujarat State Waqf Tribunal.

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The high court's decision was based on the fact that proceedings under Section 83 involve the adjudication of rights relating to waqf properties and are conducted in a manner similar to civil suits. The Supreme Court is now expected to examine the legal basis for the exemption claim and make a ruling on the matter.