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‘Concerned over violence’: SC posts further hearing on Waqf (Amendment) Act challenge pleas for tomorrow (Lead)

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New Delhi, April 16: The Supreme Court on Wednesday expressed its concern over violence taking place amid protests against the Waqf (Amendment) Act, 2025.

“One thing that is very disturbing is the violence which is taking place. Once the matter is before court, it should not happen,” a bench headed by CJI Sanjiv Khanna remarked.

The bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, fixed the pleas challenging the constitutional validity of the amendments introduced in the Waqf Act, 1995, for further hearing on Thursday at 2 p.m., including the arguments of the Union government on passing of an interim order.

During the course of the hearing, the apex court indicated that it would pass an interim order providing that the properties already declared as waqf by court order or otherwise will not be denotified by virtue of the recent amendment.

It proposed that provision of the Waqf (Amendment) Act, 2025, providing that a waqf property would not be treated as a waqf while the Collector is conducting an inquiry on the aspect if the property is a government land, should not be given effect to.

Further, the CJI-led Bench said that it intends to pass an interim order providing that all members of the waqf boards and Central Waqf Council, except the ex-officio members, should be Muslims.

Solicitor General Tushar Mehta opposed the passing of an interim order and urged the CJI Khanna-led Bench to give the Union government a hearing before any order is passed. He added that a reply would be filed within two weeks if a notice is issued to the Union government, and the matter may be taken for hearing on a day-to-day basis.

At the very outset of the hearing, the top court said: “Two aspects we would like both sides to address. First, whether we should entertain writ petitions or relegate it to the High Court? Second, what do you (petitioners) want to argue?”

Multiple petitions have been filed before the Supreme Court challenging the constitutional validity of the recent amendments introduced in the Waqf Act, 1995.

After the legislation was passed by Parliament in the first week of April, the Congress announced it will challenge the Waqf (Amendment) Bill (now an Act after the Presidential assent) before the Supreme Court, claiming that it was an attack on the basic structure of the Constitution and was aimed at “polarising” and “dividing” the country on the basis of religion. On the other hand, the government has said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim.

In his petition filed before the apex court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Another plea filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi said the impugned amendments are “ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary”.

Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), the Indian Union Muslim League, Taiyyab Khan Salmani, and Anjum Kadari, have filed petitions challenging the constitutional validity of the provision.

In response to the petitions seeking a stay on the implementation of the Waqf (Amendment) Act, 2025, the Union government has filed a caveat, or notice submitted to a court by a party to a litigation who wishes to be heard before any order is likely to be issued on the opponent’s plea, in the Supreme Court.

Also, several BJP-ruled states, including Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, and Uttarakhand, have approached the Supreme Court seeking to defend the Waqf (Amendment) Act, 2025.

The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.

National News

Housing fraud case: Ajit Pawar accepts NCP minister Manikrao Kokate’s resignation, forwards it to CM

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Mumbai, Dec 18: Amid a chorus from the opposition, Maharashtra Deputy Chief Minister and NCP chief Ajit Pawar on Thursday accepted the resignation of party minister Manikrao Kokate, against whom an arrest warrant has been issued in a housing fraud case.

Kokate had submitted his resignation to DCM Pawar on Wednesday after a sessions court sentenced him to two years’ imprisonment in the Nashik housing fraud case.

On Wednesday night, Kokate was stripped of his Sports and Minority Affairs portfolios and was retained as a minister without any portfolio.

Kokate is currently undergoing medical examination at Lilavati Hospital after he complained of uneasiness. He has already approached the Bombay High Court seeking relief from the sessions court ruling.

In a post on X, Ajit Pawar said: “Maharashtra Cabinet Minister and my party colleague Shri Manikrao Kokate has submitted his resignation to me following the outcome of the Hon’ble Court’s verdict. In keeping with our party’s long-standing philosophy that the rule of law is supreme and above all individuals, the resignation has been accepted in principle. I have forwarded Shri Kokate’s resignation to the Hon’ble Chief Minister for due consideration and acceptance, in accordance with constitutional procedure.”

He further stated: “Our party has always believed that public life must be guided by constitutional morality, institutional integrity and respect for the judiciary. We stand firmly by the rule of law and will continue to act in a manner that upholds democratic values and public trust.”

Pawar took the decision after holding a meeting lasting over two-and-a-half hours early Thursday morning with party working president Praful Patel and state chief Sunil Tatkare.

Manikrao Kokate is a five-time MLA from the Sinnar constituency in Nashik district and has a history of shifting political loyalties. His membership of the legislature could also be at risk if the High Court upholds the sessions court ruling.

The sessions court upheld his conviction in a case involving the illegal acquisition of government flats through forged documents and sentenced him to two years of imprisonment. Following the verdict, an arrest warrant was issued against Kokate.

He faces imminent arrest unless the High Court grants a stay on the conviction.

Amid these legal developments, Kokate’s health condition deteriorated and he was admitted to Lilavati Hospital in Mumbai. He skipped the weekly cabinet meeting held on Wednesday at Mantralaya.

Kokate’s legal team informed the court that he was admitted to a hospital and sought a four-day stay on the arrest. However, the court rejected the plea, noting that no medical certificate was presented and that Kokate should have been present when the verdict was delivered.

Kokate has moved the Mumbai High Court challenging the sessions court ruling and has sought an urgent hearing and a stay on the sentence.

The High Court is scheduled to hear the matter on Friday.

The case dates back to 1995 and involves the alleged misappropriation of flats reserved under the Chief Minister’s quota. These flats are meant for low-income individuals who do not own property elsewhere.

Manikrao Kokate and his brother Vijay Kokate were accused of submitting fraudulent affidavits and documents to acquire two flats in the Nirman View Apartment in Nashik.

Investigations later revealed that the brothers were also using two additional flats in the same building that had been allotted to other beneficiaries.

Based on an inquiry conducted by the district administration, Vishwanath Patil, then an official of the Urban Land Ceiling (ULC) department, filed a complaint. Subsequently, a fraud case was registered at Sarkarwada Police Station against four individuals, including the Kokate brothers.

The court sentenced them to two years of rigorous imprisonment and imposed a fine of Rs 50,000 each.

Since his induction into the cabinet, Kokate has been embroiled in several controversies.

He was stripped of the Agriculture portfolio after the monsoon session of the state legislature in July, following allegations by NCP-SP legislator Rohit Pawar that Kokate was playing games on his mobile phone during a Legislative Council session. While Kokate denied the allegation, it drew widespread criticism.

He also triggered outrage with controversial remarks on farmers, stating: “Even a beggar does not accept one rupee, but here we provide crop insurance for just one rupee, yet some people try to take undue advantage of it.”

During a municipal election campaign, Kokate had also taken a swipe at coalition partner BJP, calling it a “corrupt party” (batlela paksha) that survives by breaking other parties while sidelining its own workers.

Earlier this year, another NCP minister, Dhananjay Munde, had resigned after his aide Walmik Karad was linked to the murder of Santosh Deshmukh, sarpanch of Massajog village in Beed district.

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Mumbai Press Exclusive News

2 MD vendors in Mumbai sentenced to 20 years, accused sentenced due to improvement in police investigation in ANC case

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The Mumbai Anti-Narcotics Cell had arrested two drug peddlers in 2017 and recovered drugs from their possession and now the court has sentenced these drug peddlers to 20 years in prison and a fine of Rs 1 lakh. Drug peddlers Praveen Dilip Vaghela and Ramdas Pandurang were arrested by ANC’s Ghatkopar and the MD’s car was also seized during the search of the accused.

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Crime

Navi Mumbai Police Seize Drugs Worth Rs 21 Lakh, Nigerian National Arrested

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The Navi Mumbai Police have seized drugs worth over Rs 21 lakh, including mephedrone and MDMA, and arrested a Nigerian national in connection with the case, officials said on Wednesday.

The seizure followed a routine police patrol carried out on December 15 along Palm Beach Road. A team noticed a foreign national standing suspiciously near a parked scooter late at night. When the police approached him for questioning, the man abandoned the vehicle and fled the spot, raising further suspicion.

Upon checking the scooter, the police recovered 70 grams of mephedrone powder, estimated to be worth nearly Rs 17 lakh. In addition, 120 MDMA tablets were also found during the initial search, an official release stated.

Following the recovery, police launched a search operation to trace the suspect. He was later arrested from his residence in Koparkhairane. During a subsequent search of the premises, police recovered additional quantities of drugs, including mephedrone powder worth around Rs 4 lakh and 40 purple MDMA tablets.

While the combined value of the seized mephedrone powder has been estimated at over Rs 21 lakh, the police did not specify the market value of the MDMA tablets recovered during the operation.

The accused has been identified as Aniehe Kingsley Chinedu, also known as Aney Kingsley Chinedu. He is a Nigerian national and has been booked under relevant sections of the Narcotic Drugs and Psychotropic Substances Act.

Police officials said further investigations are underway to determine the source of the drugs and to identify possible links to a larger drug supply network operating in the region. Authorities are also examining whether the accused was involved in drug distribution across Navi Mumbai and neighbouring areas.

The Navi Mumbai Police said such operations would continue as part of ongoing efforts to curb drug trafficking and ensure public safety.

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