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‘It’s a human issue’: SC stays Uttarakhand HC’s order for eviction of over 4k families 

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The Supreme Court on Thursday stayed the Uttarakhand High Court direction for eviction of over 4,000 families from the railway land in Haldwani in the state’s Nainital district.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said: “There is a human angle to it”, and added there cannot be uprooting of several thousand people in seven days.

The bench also noted that it may not be correct to say that paramilitary forces have to be deployed to remove people, who have been living there for many decades.

The top court stayed the high court’s direction for eviction of families within a week and that their houses be demolished. It observed that a large number of people cannot be uprooted by using force without examining their occupancy rights, and emphasised that alternate arrangements would have to be made before uprooting people.

The petitioners claimed they are poor people who have been lawful residents of Mohalla Nai Basti and Line No 17 & 18, Banbhulpura (Azad Nagar), Haldwani for more than 70 years.

The top court issued notice to the Uttarakhand government and the railways on a batch of petitions filed against the judgment passed by a division bench of the high court on December 20, 2022.

During the hearing, the top court asked the railways to find a practical solution to the issue and stressed that many of the occupants have been residing there for decades, claiming rights on the basis of leases and auction purchases.

The bench said, “There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned.”

Justice Kaul said that there are establishments on the land in question and questioned, “how can you say in seven days clear them off?”

Justice Oka noted that the people have been staying there for 50 years. He further added: “How do you deal with the scenario of people who have purchased the land in auction. You may acquire the land and utilise…”

Additional Solicitor General Aishwarya Bhat, representing the Railways, submitted that the land belongs to the Railways and several orders for eviction have been passed under the Public Premises Act.

Advocate Prashant Bhushan, representing some of the petitioners, submitted that they were ex-parte orders passed during the Covid period. Bhati contended that the petitioners claim the land as their own and that they have not sought rehabilitation.

The bench pointed out that the high court passed the order without hearing the affected parties. It added, “Find out some solution. It is a human issue…”

Justice Kaul added that the human issue arises from long periods of occupation and maybe all of them cannot be painted with the same brush. “Maybe there are different categories… Somebody will have to verify the documents,” he said.

Senior advocate Siddharth Luthra submitted that many petitioners had government leases executed in their favour.

Bhati said the land is gateway to the state and critical for its development and proceedings under the Public Premises Act were initiated, and no stay was granted on it.

After staying the high court direction, the top court scheduled the matter for further hearing on February 7, and asked the state government and the railways to find a “practical solution”.

Senior advocates Salman Khurshid, Colin Gonsalves, Luthra and advocate Bhushan represented the petitioners in the matter. One of the petitions was filed ‘Jan Sahyog Sewa Samiti’ through its President Salim Saifi and others against the high court order.

The petitioners have claimed that they are in possession of valid documents that clearly establish title and valid occupation. Also, the names of the local residents have been recorded in the municipal records in the house tax register and they are paying the house tax regularly. They said there are five government schools, one hospital, and two overhead water tanks in the area.

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LS Speaker reprimands Sonia Gandhi over Waqf bill ‘bulldozed’ remarks

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New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.

Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.

The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.

“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.

Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.

Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.

He also demanded that the Speaker issues an “appropriate order” in response to these remarks.

Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.

“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.

A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.

“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.

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After passage from Parliament, Waqf Bill awaits President’s nod: Details here

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New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.

The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.

With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.

The next course of action is the Presidential assent for the bill, following which it will turn into a law.

The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.

According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).

The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.

Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.

As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).

Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.

Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.

Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.

“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.

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Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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