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‘Surpassed Laxman Rekha, indelible scar’, ex-judges, bureaucrats on SC remarks against Nupur Sharma

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A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have written an open letter criticising the observations of the Supreme Court on a plea by former BJP spokesperson Nupur Sharma.

They alleged that the comments made by the two judges — Justices Surya Kant and Justice J.B. Pardiwala — are unfortunate and unprecedented, and the top court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps.

The statement said: “In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the country.”

The veterans said they believe that the democracy of any country will remain intact till all the institutions perform their duties as per the Constitution. “Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

It further added that observations are not in sync with judicial ethos and by no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.

The veterans said through such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. “The observations also graduate to the most unjustifiable degree that this was only to fan an agenda… In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy,” said the three-page open statement. They said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.

The veterans said the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest and the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming. “Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society,” added the statement.

Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed. On July 1, the apex court slammed Sharma for her controversial remarks.

The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases, including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.

“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land,” it added.

The signatories include former chief justice of the Bombay High Court Kshitij Vyas, former Gujarat High Court judge S.M. Soni, former Delhi High Court judge S.N. Dhingra, former chief justice (acting) Gauhati High Court K. Sreedhar Rao, former Rajasthan High Court judges R.S. Rathore and Prashant Agarwal.

The other signatories include: former IAS officers R.S. Gopalan and S. Krishna Kumar, former DGPs S.P. Vaid and B.L. Vohra, ambassador (retired) Niranjan Desai, Lt Gen V.K. Chaturvedi (retired) and Air Marshall (retired) S.P. Singh. The coordinators are Justice P.N. Ravindran, former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala.

National News

‘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.

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National News

Mamata Banerjee’s govt must be dismissed: Shiv Sena on Bengal violence

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Thane, April 16: Shiv Sena MP and Spokesperson Naresh Mhaske on Wednesday launched a fierce attack against West Bengal Chief Minister Mamata Banerjee’s government, demanding the immediate dismissal of her government over its alleged failure to protect Hindus from repeated communal violence.

At the press conference, Mhaske condemned recent incidents of targeted violence against Hindu families in Bengal, accusing the state administration of wilful negligence and vote-bank appeasement.

“Hindu families are being terrorised and driven out of their homes. After the Centre passed the Waqf Board (Amendment) Bill, elements from a particular community have openly attacked Hindus. In Murshidabad, anti-social mobs invaded a Hindu household, murdered members of the family in front of the police, and torched their property and vehicles,” Mhaske alleged.

He said that it is a state-sponsored failure, adding that Mamata Banerjee has not just turned a blind eye, but is complicit in her silence.

“Her government must be immediately dismissed,” he added.

Mhaske also announced that a Shiv Sena delegation would soon visit West Bengal to meet the affected families and assess the situation firsthand.

Sharpening his attack, he accused Banerjee of prioritising minority appeasement over justice.

“To safeguard her Muslim vote bank, Mamata Banerjee has become helpless. Her silence today is criminal. She’s no different from Tahawwur Rana, one of the masterminds behind the 26/11 Mumbai attacks. From now on, she deserves the name ‘Mamata Rana’,” he alleged.

Mhaske also targeted the Shiv Sena (UBT) chief, questioning his silence over violence in West Bengal.

“He claims to stand for Hindutva, yet he once hosted Mamata Banerjee at Matoshree. Where is his outrage now? Why hasn’t he condemned the atrocities against Hindus in Bengal?” he said.

Recalling past incidents of violence in the state, including the 2018 Ram Navami riots in Raniganj, and violence during Lok Sabha and panchayat elections, Mhaske said the pattern of unrest reflects systemic failure and appeasement by the Bengal government.

“Just like the Kashmiri Pandits were forced to flee their homeland during the Congress rule, Hindus in Bengal are now facing a similar exodus. And yet, leaders of the INDIA alliance remain shamefully silent out of fear of Mamata,” he said.

Meanwhile, Mhaske also took the opportunity to highlight the ideological collapse of the Shiv Sena (UBT), stating: “Eknath Shinde is the true inheritor of Balasaheb Thackeray’s legacy. The public endorsed this in both the Lok Sabha and the Assembly elections. Meanwhile, Uddhav Thackeray’s party has fallen so far that they now rely on AI to make Balasaheb speak. That’s the extent of their identity crisis—their ideology is gone, their minds are broken, and their leadership is hollow.”

He took a jibe at Shiv Sena (UBT) leader Sanjay Raut, saying that he is like a burning ember. “Raut emits smoke once in a while, but there’s no real fire left,” he claimed.

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Crime

SP MP Ziaur Rehman Barq appears before judicial commission over Sambhal violence

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New Delhi, April 16: Samajwadi Party (SP) MP Ziaur Rehman Barq on Wednesday appeared before the three-member judicial commission in Lucknow, which is probing the violence that erupted in UP’s Sambhal on November 24, last year.

The violence took place during a court-mandated ASI survey of the Shahi Jama Masjid, and Barq has been accused of delivering an inflammatory speech that allegedly incited unrest.

Speaking ahead of his appearance, Barq maintained his innocence and expressed faith in the judiciary.

“Today, I am appearing before the committee. I hope we will get justice,” the SP MP said. “I will answer the questions they will ask. And I am going with the hope that we will get justice,” he added.

Barq has consistently denied the allegations, calling them unfounded and politically motivated.

Former high court judge Justice DK Arora, former chief secretary Amit Mohan Prasad and ex-DGP Arvind Kumar Jain are the members of judicial commission, constituted by the state government on November 28, last year.

Barq had previously appeared before the Special Investigation Team (SIT) on April 8 in connection with the same case.

The judicial commission is currently recording statements from key individuals to determine the causes of the unrest and the roles, if any, played by public representatives.

The commission is also expected to record statements of Jama Masjid managing committee chairman Zafar Ali, currently lodged in Moradabad prison. He was arrested by the Sambhal police for allegedly orchestrating violence in the district during ASI survey of the mosque.

The incident in question dates back to November 24, 2023, when clashes broke out during a survey of the Shahi Jama Masjid. Several individuals were booked in connection with the violence.

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