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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.

Crime

Dehradun: ED files chargesheet against drug lord’s wife

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Dehradun, Dec 29: Presenting fresh evidence, the ED filed a third chargesheet before a Special Court (PMLA), Dehradun, naming the wife of a member of an international drug trafficking organisation in a case related to illegal assets, an official said.

Amarpreet Kaur Chawla, wife of Banmeet Singh, was named in the fresh set of charges filed on December 24 in the Special Court (PMLA), the official said in a statement.

During the investigation, the ED detected that many of the immovable properties bought by the drug trafficking organisation with Proceeds of Crime (POC) were registered in Amanpreet Kaur’s name.

“Based upon these findings, the ED has also issued a Provisional Attachment Order in this case for assets totalling Rs 9.68 crore on July 18, 2024, under the provisions of PMLA, 2002,” said the ED statement.

The ED initiated an investigation based on the Mutual Legal Assistance request by the US authorities invoking a unique provision of section 2(ra) of PMLA, 2002, implying an offence of cross-border implications.

The scheduled offences correspond to the NDPS Act. Two brothers, Banmeet Singh and Parvinder Singh, along with others, were operating an international drug trafficking group named the Singh DTO (Drug Trafficking Organisation).

“They used vendor marketing sites on the dark web, numerous free advertisements on clear web websites, and a network of narcotics and controlled substance distributors and distribution cells to sell drugs in the US, the UK and other European countries,” the ED said.

The Singh Organisation received the drug trafficking proceeds through sale on dark web markets, then laundered those proceeds through cryptocurrency transactions, the ED said.

Both brothers used monikers “Liston” on a variety of dark web markets, including Silk Road 1, Alpha Bay and Hansa, the ED said.

Till now, the ED in the earlier searches, seized 268.22 Bitcoins (approx.), equivalent to the value of Rs 130 crore, based on the information provided by Parvinder Singh, who is currently in judicial custody along with his brother.

Earlier, the ED filed Prosecution Complaints against the main accused Parvinder Singh and Banmeet Singh on June 24, 2024 and July 26, 2024, on which the Special Court (PMLA), Dehradun, has already taken cognisance on July 2, 2024 and July 27, 2024, respectively.

The Court has already framed the charges against Banmeet Singh through its order dated March 22, 2025.

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Crime

Navi Mumbai Crime: 34-Year-Old Man Duped Of ₹32 Lakh In JNPT Job Scam; One Booked

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Thane: A 34-year-old man from Navi Mumbai was allegedly cheated of Rs 32 lakh with a promise of a job at the Jawaharlal Nehru Port Trust (JNPT), police said on Monday.

The Vashi police have registered a case against Rishabh Rajesh Mhatre, a resident of Uran, under sections 318(4) (cheating) and 336(3) (forgery) of the Bharatiya Nyaya Sanhita (BNS), an official said.

He said that the fraud occurred between March and December 2024 when the alleged accused lured the complainant, a resident of Ulwe, with an offer for the post of “Export Assistant Manager” at JNPT, and created and presented forged documents related to the recruitment process.

Over several months, the complainant was coerced into paying a total of Rs 32 lakh in instalments, and the complainant realised he had been duped when the job did not materialise, the official said.

No arrest has been made so far, and a probe is underway, he added.

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Crime

‘This intervention sends a strong message’: Swati Maliwal welcomes SC’s decision staying suspension of Sengar’s sentence

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New Delhi, Dec 29: AAP Rajya Sabha member Swati Maliwal on Monday welcomed the Supreme Court’s decision to stay the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case, stating that the intervention sends a strong message that crimes against women and children will not be treated lightly.

Taking to social media platform X, Maliwal said: “Welcome the decision of the Hon’ble Supreme Court staying the High Court order granting bail and suspending the sentence of convicted MLA Kuldeep Sengar.”

“In a case marked by extreme brutality against a minor, justice must be uncompromising. This intervention sends a strong message that crimes against women and children will not be treated lightly,” she added.

In its order, a three-judge Supreme Court bench said: “We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts, where the convict is also convicted for a separate offence, we stay the operation of the Delhi High Court.”

The bench, led by Chief Justice of India (CJI) Surya Kant and comprising Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar in the Central Bureau of Investigation’s (CBI) plea and directed that a counter-affidavit be filed within four weeks.

The apex court clarified that Sengar will not be released pursuant to the impugned Delhi High Court’s order.

The CJI-led Bench agreed to examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court’s interpretation would mean a police constable could be treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, while a member of the legislature would stand excluded.

Appearing for the CBI, SG Mehta said the Delhi High Court “erred” in concluding that a legislator would not fall within the category of a “public servant” for the award of sentence.

Placing on record the trial court’s conviction order, the Centre’s second-highest law officer highlighted that the victim was below 16 years of age — approximately 15 years and 10 months — at the time the offence of rape was committed on her.

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