Union Minorities minister Kiran Rijiju claims that the amendments to the Waqf provisions have opened up a solution for the Munambam residents, even though he hinted at a long legal route in front of them.
The Munambam issue Rijiju had mentioned while presenting the Waqf amendment Bill in Parliament involves a dispute over 404 acres of land in which more than 600 families reside but is claimed by the Waqf Board. In 1950, a man named Siddhique Sait gifted the property to Farook College, which in turn sold the property in the 1960s. The current residents claim that their predecessors have brought the property from Farook College. In 2019, the Waqf Board declared it Waqf property, halting land tax payments and threatening evictions. Notably, the case is currently pending in front of the Waqf tribunal.
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The state government in November 2024 appointed a Commission to find a “permanent solution" to the issue. A Single Bench of the High Court had quashed the appointment of the Munambam Judicial Commission, observing that the issue was still pending before the Waqf Tribunal. But last week, a Division Bench of the High Court issued an interim order allowing the inquiry commission appointed by the government in connection with the Munambam land dispute to continue functioning.
Notably, the appeal before the Waqf Tribunal Kozhikkode challenges the enlisting of the property as 'Waqf'. While talking to the media in Kerala before visiting the Munambam residents, Rijiju said that Sait had transferred the property to Farook College, and according to Islamic law and practice, once a Waqf (endowment) is created, the wealth cannot be transferred or reclaimed. “Once it is transferred then that particular property is no more Waqf,” he said. “However, because of the provisions in the old Act, the high court had given a ruling. So now as a minister, I will not say that the high court order is redundant. I have to honour the judicial pronouncement but it is challengeable in the Supreme Court and I would strongly urge that. Because of the provisions in the old Act, it was disadvantageous to the Munamabam people. But now with the new Act and the new provisions we have made, it is easily challengeable in the Supreme Court.”
The minister added that the Central [Waqf] Council will be issuing specific directions and suggestions to the state government to take appropriate steps. He also urged the state government to immediately direct the district collector concerned to thoroughly review the entire matter to ensure justice is served to the Munambam people.
“From the central government’s side, I will provide all necessary documentation, as well as legal and administrative support. I will also instruct my officers to offer every possible assistance to ensure that the Munambam fishermen receive their rightful claim and ownership of the land that belongs to them,” he said.
When questioned about how the current amendments would solve the issue of Munamabam as the new legislation has no retrospective effect, Rijiju said with the new legislation, the tribunals and the boards will be reconstituted. He also added that even if the Munamabam people do not get a favourable verdict from the tribunal, they can still go for an appeal in the High Court. “Earlier the appeal was restricted".
Rijiju added that if the matter needs to go up to the Supreme Court, the Union government is fully prepared to provide support and assistance.
Former Union minister and BJP Kerala state president Rajeev Chandrashekar said the Parliament has no authority to bypass an ongoing legal proceeding—only the adjudicating body has the jurisdiction to preside over it.
“In this case, that responsibility lies with the tribunal and the High Court,” he said.
Chandrashekar, however, noted that the tribunal will be reconstituted to ensure greater neutrality and a clearer understanding of the law.
“Moreover, in any instance where a court attempts to misread or ignore legislation passed by Parliament, the government has every right and responsibility to intervene, clarify, and ensure the proper implementation of the law,” he said.
“No, there isn’t a magic wand [to solve the Munambam issue]. But yes, the people of Munambam are now closer to a resolution in their favour.”
Meanwhile, both the LDF and the UDF in Kerala are expected to intensify their criticism, accusing the BJP of politicizing the issue. They are likely to seize upon recent remarks by the BJP state president and the Union Minister—acknowledging that there is no “magic wand” solution and that the matter requires a lengthy legal process—to target the saffron party's claims of solving the Munambam issue.
