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Delhi High Court seeks Centre’s response on plea against Waqf Act

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The Delhi High Court on Thursday sought Centre’s response on a plea challenging the constitutional validity of the provisions of the Waqf Act of 1995 and terming it “arbitrary.”

Issuing notices to the Ministry of Law and Justice and Central Waqf Council, a division bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla clubbed the Public Interest Litigation (PIL) with other similar petitions and posted for hearing on July 28.

The plea was challenging the Waqf Act 1995 and calling it an entirely violative inter-alia of the scheme of the Constitution and more particularly Articles 12, 13, 14, 15, 21, 25, 26 and 300A.

In the plea, petitioner Adv Devendra Nath Sharma contended that the Central government doesn’t have the legislative competence to make laws with respect to Waqf and religious Muslim properties at the exclusion of non-Muslim citizens of India.

He also argued for directions for a Uniform Civil Code which can govern the private properties of citizens under the Constitution. “The upkeep and control of religious Waqf properties in India is a private affair/purpose and not a public purpose, therefore state can’t be permitted to manage the same at the expense of public money,” it read.

In a similar petition, BJP leader and lawyer Ashwini Upadhyay had recently approached the court.

His PIL contended that there is no safeguard for Hindus, Jains, Buddhists, Sikhs, and other communities to save their properties from inclusion in the list of Waqf issued by Waqf Boards. Therefore, Hindus, Jains, Buddhists, Sikhs, Bahais, Christians, and Zoroastrians are discriminated. It offends Articles 14-15, it said.

Petitioner Upadhyay was challenging the vires of S. 4, 5, 6, 7, 8, 9, 14 of the Act, stating these provisions grant special status to Waqf properties denying equal status to Trust, Mutts, Akharas, Societies, and confer unbridled powers to Waqf Boards to register any property as Waqf property.

Crime

Thane: 55-Year-Old Man Attempts Suicide After Mumbai Police Arrive To Arrest Him For Sexually Assaulting Minor Girl In Badlapur

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Thane: A 55-year-old man allegedly attempted suicide after a Mumbai Police team arrived at his residence in Badlapur, Thane, on Tuesday night to arrest him for the alleged sexual assault of a minor girl. The girl is the daughter of a bedridden man whom the accused had been hired to care for.

A police officer investigating the sexual assault case said on Thursday, “The man was immediately rushed to the nearby private hospital, where he lay unconscious for almost 36 hours, and currently his condition is stable.

According to the police complaint, the minor girl’s father suffered a paralytic attack last year. The accused was hired in May to care for him from 8 am to 8 pm. During this time, the man allegedly began sexually assaulting the minor and made obscene remarks after her mother left for work.

Despite being warned by the girl’s mother, the man continued to harass her. On July 28, he allegedly entered her bedroom and harassed her again, prompting the girl and her mother to approach the police.

On Tuesday, the police traced the accused’s location to Badlapur, prompting a team consisting of two assistant police inspectors and three to four constables to reach the spot. Around 10 PM, the man locked himself inside his house and began threatening to end his life. Despite the police’s efforts to calm him down, he allegedly attempted suicide. Officers then broke open the door and rushed him to the hospital, said an officer involved in the investigation.

The Police registered a case against the accused under relevant sections of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act on July 29, following a complaint by the minor girl and her mother, who reported the harassment that occurred on July 28, as reported.

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Crime

Anti-Human Trafficking Unit Nabs 30-Year-Old For Trafficking Women In Navi Mumbai

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Navi Mumbai: The Anti-Human Trafficking Unit (AHTU) has arrested a 30-year-old man for allegedly running a sex racket using mobile phones to share photographs of women with potential clients and arranging their services. Two women were rescued during the operation, which took place near a hotel in the APMC area of Navi Mumbai.

The arrested accused, identified as Rahul Lakhmeshwar Mahto, was caught red-handed on the night of August 4 after he arrived in a taxi near Hotel Fantasy Residency in Sector 19C, APMC, with two women. He had allegedly arranged a deal with a decoy customer and accepted Rs 4,000 in cash for sexual services. Once the transaction was completed, the decoy gave the pre-decided signal, following which the AHTC team conducted a raid and apprehended Mahto.

According to police officials, Mahto was part of an online prostitution racket operating across Mumbai and Navi Mumbai. The AHTC had earlier received intelligence about the gang’s activities and accordingly laid a trap under the guidance of Senior Police Inspector Prithviraj Ghorpade. The team, including API Yogesh Deshmukh and Police Constable Anil Mandoḷe, posed as customers to initiate the bust.

Investigations revealed that the two rescued women had been sent for prostitution by two other agents, identified as Kamesh and Kurban Ansari, who are currently absconding.

“We have registered a case under relevant sections of the Immoral Traffic (Prevention) Act at the APMC Police Station. We are continuing efforts to locate and apprehend the remaining members of the trafficking network,” a police officer from AHTU said.

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Maharashtra

Mumbai: Police Bust Child Trafficking Ring; 6-Day-Old Boy Rescued, Parents Among 4 Arrested

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Mumbai: Police have busted a child trafficking racket after rescuing a six-day-old boy in Mumbai and arrested four persons, including his parents, an official said on Thursday.

Based on credible information about child trafficking, social activist Dr Binu Varghese alerted the police.

About The Case

Acting on the inputs, the police caught two women red-handed while accepting Rs 4.5 lakh for child trafficking and rescued the newborn on Wednesday night, the official from Shivaji Nagar police station said.

It also came to light that Rs 1 lakh had already been paid as advance to the child’s parents, the police said.

The Shivaji Nagar police arrested four persons — Nazima Sheikh alias Nasreen, Fatima Mehmoobali and the child’s parents Irfan Khan and Sumaiya Khan.

A case was registered under Bharatiya Nyaya Sanhita sections, including 143(3) (trafficking), against these four persons and an alleged mastermind of the racket, who is a relative of a local history-sheeter, the official said.

All the accused are residents of Shivaji Nagar, the police added.

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