SC Questions Waqf Institution's Plea For Court Fees Exemption In 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. The matter was heard by a bench comprising Justices PS Narasimha and Aravind Kumar.

During the hearing, advocate Ejaz Maqbool, appearing for petitioners, sought time to file additional documents challenging the Gujarat High Court's December 2025 decision. Justice Narasimha questioned Maqbool about the basis for claiming exemption from court fees. "How can there be an exemption? What is the law that allows you to seek an exemption from court fees?" he asked.

Maqbool responded that the petitioners would address the issue in detail. He requested the court to defer the hearing to August 7.

The bench made the remarks while hearing a plea against an order of the Gujarat High Court. The high court had upheld the rejection of waqf suits for non-payment of court fees by relying on its earlier ruling that waqf institutions are not exempt from paying court fees before the State Waqf Tribunal.

The high court held that there is no blanket exemption or waiver available to Waqf institutions from payment of court fees for proceedings instituted under Section 83 of the Waqf Act before the Gujarat State Waqf Tribunal.

The high court rejected the contention that court fees were not payable because proceedings under Section 83 are initiated through an application rather than a plaint or suit.

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