Petitioners asked to explain under which law Waqf institutions can claim exemption from court fees in proceedings before State Waqf Tribunals
NEW DELHI — The Supreme Court on Monday questioned the legal basis for exempting Waqf institutions from paying court fees in proceedings before State Waqf Tribunals.
A bench comprising Justice PS Narasimha and Justice Aravind Kumar raised the issue while hearing a matter challenging a December 2025 judgment of the Gujarat High Court.
During the hearing, Advocate Ejaz Maqbool, appearing for the petitioners, sought time to file additional documents in connection with the challenge to the high court’s decision.
However, Justice Narasimha questioned the petitioners’ claim that Waqf institutions were entitled to exemption from court fees.
“What is the basis for claiming exemption from court fees?” the judge asked. “How can someone claim such an exemption? Which law permits you to seek exemption from court fees?”
In response, Maqbool told the court that the petitioners would file a detailed reply on the issue and requested that the matter be adjourned until August 7.
The case arises from a Gujarat High Court judgment that upheld the dismissal of a Waqf matter for non-payment of court fees.
The high court had relied on an earlier ruling which held that Waqf institutions are not exempt from paying court fees in proceedings before the State Waqf Tribunal.
According to the high court, there is no provision under Section 83 of the Waqf Act granting Waqf institutions an exemption from court fees in proceedings initiated before the Gujarat State Waqf Tribunal.
The court also rejected the argument that court fees were not payable because proceedings under Section 83 are initiated through an application rather than a complaint or a civil suit.
The high court observed that the nature of the proceedings does not automatically exempt parties from statutory court fee requirements unless a specific legal provision provides such relief.
The Supreme Court will now consider the petitioners’ response on the issue when the matter comes up for further hearing.
