New Delhi, Apr 25: The Centre, in an affidavit filed before the Supreme Court, said that it brought amendments to the Waqf Act, 1995, to prevent abuse of waqf legislation which resulted in the encroachment of government properties, apart from ensuring that the Waqf Boards in the country are properly administered and function with transparency.

“It is submitted that there have been reported misuse of waqf provisions to encroach private properties and government properties. It is really shocking to know that after the amendment brought in the year 2013, there is a 116 per cent rise in auqaf area,” said the preliminary affidavit filed by the Union Ministry of Minority Affairs.

The Centre, in its reply document filed before the top court, said that it was found that most of the Waqf Boards have been functioning in the “most non-transparent manner” and have either not uploaded the details in public domain or have uploaded partial details.

“In an era of transparency, it is absolutely necessary that all details concerning waqf/waqf boards be uploaded in Waqf Asset Management System of India (WAMPSI) portal,” it contended.

The Union government said that under the old regime, due to the absence of adequate safeguards, government properties and even private properties were declared as waqf properties.

“The provisions of Sections 3A, 3B and 3C take care of the said situation which has been prevailing since several decades. It is submitted that there are startling examples whereby the government lands or even the private lands were declared as waqf properties,” it said in the affidavit.

The Union government said that the Waqf (Amendment) Act, 2025, was passed with the objective of modernising the management of waqf properties in India through transparent, efficient and inclusive measures. It argued that the reforms introduced are directed solely at the secular and administrative aspects of waqf institutions – such as property management, record-keeping, and governance structures – without impinging upon any essential religious practices or tenets of the Islamic faith. The affidavit highlighted that despite there being a regime of mandatory registration of all kinds of waqf, including ‘waqf by user’, making registration mandatory, individuals or organisations used to claim private lands and government lands as waqf including under ‘waqf by user’ which not only lead to deprivation of valuable property rights of individual citizens but similarly unauthorised claims over public properties.

“While registration of all kinds of waqfs (including ‘Waqf by user’) has always been mandatory, the legal regime never required the waqf deed as a mandatory condition. In other words, it was mandatory to register ‘Waqf by user’ even in the absence of a waqf deed by giving other details for more than 100 years.”

Referring to the recently introduced Section 36(1A), the Centre said that the 2025 amendment provides that a waqf may now be established only through a valid deed of waqf. It clarified that the amendment to Section 36 has not interfered with the status of existing/registered auqaf by user, and any existing property which has been registered as waqf by user will retain its status.

The Union government said that a proviso has been inserted in Section 3 by the Waqf (Amendment) Act, 2025, making it clear that the mandatory requirement of a ‘waqf deed’ applies prospectively from the date of the 2025 amendment i.e., if any new waqf is created after April 8.

“Waqfs by user registered before the amendment would therefore continue to be treated as waqf in terms of the proviso,” the Centre said.

The preliminary reply document filed by the Union government said that before introducing the Waqf (Amendment) Act, 2025, there has been a detailed executive level and Parliamentary level exercise in order to understand the problems plaguing the previous statutory regime, the consequences, and the appropriate measures that were required to remedy the same.

The Centre contended that the “primary religious right being the right to make a dedication is not interfered with, and neither is the administration of any specific waqf interfered with as the same continues to be vested with the mutawalli as per the purpose behind such waqf”.

The affidavit said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally, as there is a presumption of constitutionality that applies to laws made by Parliament.

“While the Hon’ble Court would undoubtedly have the power to examine the constitutionality of the law, at the interim stage, the grant of an injunction against the operation of any provision of the law, either directly or indirectly, would be violative of this presumption of constitutionality which is one of the facets of the delicate balance of power between the different branches of the State,” it added.

In the hearing held on April 17, a bench headed by CJI Sanjiv Khanna had granted a week’s time to the Centre and state governments and the Waqf Boards to file their preliminary reply to the petitions challenging the validity of the Waqf (Amendment) Act, 2025.

The Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had taken on record the assurance given by the Union government that it would not de-notify provisions related to ‘waqf by user’ or include non-Muslim members in the Waqf Board.

Posting the matter for further hearing on May 5, the CJI Khanna-led Bench clarified that the hearing fixed on the next date will be a preliminary hearing and, if required, interim orders will be passed.

New Delhi, April 25: In a strong and unified expression of grief and condemnation, members of the Muslim community across India observed a solemn protest during Friday prayers, calling for decisive action against terrorism after the devastating terror attack in Pahalgam in Jammu and Kashmir, which left 26 people dead and many others injured.

Mosques across cities including Hyderabad, Delhi, Bhopal, Varanasi, and Lucknow witnessed a wave of solidarity as Muslim worshippers wore black bands on their arms as a mark of mourning and resistance against terrorism during the Juma Namaz (Friday prayers).

In Hyderabad, AIMIM Chief Asaduddin Owaisi distributed black bands among worshippers before offering Namaz at a mosque in Shastripuram. He condemned the attack and expressed solidarity with the victims’ families.

In the national Capital, AIMIM’s Delhi state president Dr Shoaib Jamai also led a peaceful protest during the Friday prayers.

“What happened in Pahalgam is extremely unfortunate for the country, and curse be upon the terrorists who carried out this heinous act,” Jamaai said, wearing a black band in protest.

In Bhopal, worshippers arrived at local mosques wearing black bands. “We will offer prayers while wearing black bands in protest against the Pahalgam attack,” said a youth from the community.

Another added, “If the government cannot punish a ruthless country like Pakistan, then open the borders, we, Hindus and Muslims together, will teach such a nation a lesson. We don’t even want to utter its name.”

In Varanasi, thousands gathered at the Jama Masjid in Nadesar, where prayers were offered for the souls of those who lost their lives in the attack. Similarly, in Lucknow, protests were held at the Asifi Masjid in the historic Imambara, where worshippers raised slogans against terrorism and Pakistan.

Worshippers across all these cities also prayed for peace and harmony in the country. “We prayed for the souls of those killed in Kashmir and for peace to prevail in our nation,” said one of the attendees.

Mumbai, April 25: In a major relief for stand-up comedian Kunal Kamra, the Bombay High Court on Friday granted him protection from arrest in connection with an FIR lodged over his satirical video and his controversial “gaddar” (traitor) remark aimed at Maharashtra Deputy Chief Minister Eknath Shinde.

The court directed the Mumbai Police not to take any coercive action against Kamra, who is currently residing in Chennai.

The FIR had been filed following the circulation of a video in which Kamra allegedly mocked Shinde and referred to him as a “gaddar,” sparking outrage among the Shiv Sena (Shinde faction) supporters.

While restraining the police from arresting the comedian, the court, however, allowed investigators to proceed with their inquiry.

It permitted the Mumbai Police to travel to Chennai to question Kamra, with the assistance of the local police.

The court said if the police file a charge sheet, the trial court should not proceed till the High Court decides the quashing petition filed by Kamra.

Kamra had filed a plea before the High Court seeking to quash the FIR filed against him.

Earlier on April 16, the High Court had granted him interim bail, which has now been made regular.

The FIR was filed at Khar police station following a complaint by Shiv Sena legislator Muraji Patel after Kamra, during a performance of his stand-up show Naya Bharat, allegedly referred to Shinde as a ‘gaddar’.

Kamra was initially granted interim anticipatory bail by the Madras High Court before he moved the Bombay High Court to seek quashing of the FIR and grant of regular bail.

The remark was purported as a reference to Shinde’s political defection from the Uddhav Thackeray-led Shiv Sena to join hands with the BJP, which led to a dramatic split in the party and the rise of a new ruling coalition MahaYuti.