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 Justices P S Narasimha and Aravind Kumar raised the issue while hearing a petition challenging a December 2025 judgment of the Gujarat High Court.

The petitioners had challenged orders of the Gujarat State Waqf Tribunal rejecting suits related to waqf properties due to non-payment of court fees. The High Court had upheld those orders, ruling that waqf institutions are not entitled to a blanket exemption from court fees in proceedings before the tribunal.

During the hearing, advocate Ejaz Maqbool, appearing for the petitioners, sought time to place additional documents on record. However, Justice Narasimha questioned the legal foundation of the exemption claim, asking, “How can there be an exemption? What is the law that allows you to seek an exemption from court fees?”

Maqbool told the court that the petitioners would address the issue in detail and requested that the matter be listed on August 7.

In its December 17, 2025 judgment, the Gujarat High Court held that there is no general waiver available to waqf institutions from paying court fees for proceedings initiated under Section 83 of the Waqf Act before the Gujarat State Waqf Tribunal.

The High Court also rejected the argument that court fees were unnecessary because proceedings under Section 83 are initiated through applications rather than formal civil suits. It observed that such cases involve adjudication of rights relating to waqf properties and are conducted in a manner similar to civil suits, including filing of written statements, framing of issues, recording evidence and final adjudication.

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The Supreme Court has not yet ruled on the merits of the dispute and will hear the matter further after the petitioners file additional submissions.