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Waqf Act amended to prevent encroachment of government properties, Centre to SC

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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.

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Bakra Eid: UP Police on high alert, proactive measures in place to ensure communal harmony

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New Delhi, June 6: Ahead of Bakra Eid celebrations on Saturday, the Uttar Pradesh Police are on high alert, taking proactive steps to maintain communal harmony and ensure peaceful festivities across the state. Security arrangements have been tightened in districts like Meerut, Aligarh, Etawah, and Ghazipur with the deployment of the Rapid Action Force (RAF), Provincial Armed Constabulary (PAC), and Local Intelligence Unit (LIU) teams.

In Meerut, Senior Superintendent of Police (SSP) Vipin Tada said: “Meerut police are on alert for Bakra Eid. A control room has been set up for real-time monitoring. Both the SSP and the District Magistrate will oversee the operations. Central Peace Committee have been held with members of all communities. PAC, civil police, and LIU teams have been deployed for security arrangements. Social media activity is being closely monitored, and strict action will be taken against those spreading misinformation. Prayers in public places, sacrifice of banned animals, and open-air sacrifices are prohibited.”

In Aligarh, similar measures are being enforced.

Deputy Commissioner of Police (DCP) Mayank Pathak said: “We are making stringent security arrangements for Bakra Eid. Additional forces, including two companies of RAF and PAC, are being deployed. Personnel from various police stations and Circle Officers (COs) will also be present on the ground. Surveillance is being conducted to monitor criminal or mischievous activities. Drone cameras will be used to monitor key areas. Intelligence and LIU are providing moment-to-moment updates. Those posting inflammatory or objectionable content on social media will face strict action.”

In Etawah, the police have finalised their strategy for smooth celebrations.

SSP Brijesh Kumar Srivastava said: “We have convened a Central Peace Committee meeting involving key stakeholders from both communities. The district has been divided into zones and sectors, with responsibilities assigned to police personnel and magistrates. All officials will remain on patrol to ensure the festival is celebrated peacefully.”

In Ghazipur, Superintendent of Police Iraj Raja said: “During the Central Peace Committee meeting, clear instructions were given: sacrifices must not be carried out in open spaces, and prayers should not be offered in public areas. The sacrifice of banned animals is strictly prohibited. Anyone violating these guidelines will face action as per government directives. Security arrangements have been completed across both urban and rural areas. Magistrates and police officers will be deployed from the morning prayers until late at night to ensure the safety of the celebrations.”

Eid al-Adha, also known as Bakra Eid, Bakrid, Eid Qurban, or Qurban Bayarami, is one of the most significant festivals in Islam. Observed in the month of Zul Hijjah, the 12th month of the Islamic lunar calendar, it commemorates Prophet Ibrahim’s willingness to sacrifice his son in obedience to God.

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Rahul Gandhi meets family of ‘Mountain Man’ in Bihar

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Patna, June 6: Congress leader Rahul Gandhi visited Dashrath Nagar village in Gaya district on Friday as part of his outreach efforts in Bihar ahead of the Assembly elections.

During his visit, he met the family of the late Dashrath Manjhi, popularly known as the “Mountain Man” for single-handedly carving a path through a hill in Gehlor village to connect it with Wajirganj block in the district.

Rahul Gandhi was received warmly by Bhagirath Manjhi, son of Dashrath Manjhi, who welcomed him with traditional hospitality.

The Congress leader sat with the family, shared coconut water, and listened to their concerns, including their financial hardships.

According to sources, Bhagirath Manjhi also expressed his interest in contesting the upcoming Bihar Assembly election from the Bodh Gaya constituency, though no official announcement was made.

Following his meeting in Dashrath Nagar, Gandhi proceeded to Gehlor village, where he garlanded the statue of Dashrath Manjhi as a mark of respect.

He was accompanied by Bhagirath Manjhi and later departed for Rajgir to attend a scheduled programme.

Earlier in the day, Gandhi landed at Gaya Airport, where he was welcomed by Congress leaders and supporters.

This marks Rahul Gandhi’s sixth visit to Bihar in 2025, so far, signalling a renewed push to strengthen the Congress’ presence at the grassroots level in the run-up to the Assembly elections.

Rahul Gandhi’s recent engagements in the state reflect the Congress party’s strategy to reconnect with local icons, marginalised communities, and symbolic figures, in an attempt to regain political ground in the state

Following his visit to Gaya, Rahul is scheduled to travel to Rajgir in Nalanda district to attend a Samvidhan Sammelan and return to Gaya to attend a ‘Mahila Samvad’ (Women’s Dialogue) programme and visit Mahabodhi temple in Bodh Gaya, as part of his outreach to marginalised communities and women across the state.

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SC allows NBE to schedule NEET-PG 2025 exam on August 3

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New Delhi, June 6: The Supreme Court on Friday allowed an application filed by the National Board of Examinations (NBE) seeking permission to schedule the National Eligibility-cum-Entrance Test (NEET)-PG 2025 on August 3.

A Bench of Justices Prashant Kumar Mishra and Augustine George Masih took note of the submission that August 3 was the earliest possible available date given by its technology partner for conducting the NEET-PG 2025 examination in terms of the recent apex court order.

Allowing the application filed by the NBE to conduct the NEET-PG 2025 examination on August 3, the Justice Mishra-led Bench clarified that no further time extension will be allowed by the top court.

In an order passed on May 30, the Supreme Court deprecated the practice of conducting the NEET-PG exam in two shifts and opined that holding the examination in two shifts leads to arbitrariness and cannot give a level playing field to the candidates.

It ordered the NBE to make necessary arrangements for holding the NEET-PG 2025 examination in one shift, duly ensuring that complete transparency is maintained and secure centres are identified and commissioned.

“The question papers in two shifts can never be of the same difficulty level. Last year, it (NEET-PG 2024) may have been held in two shifts in the facts and circumstances of that stage. But the examining body ought to have considered making arrangements for holding the examination in one shift,” the Supreme Court had remarked.

The apex court was dealing with a clutch of petitions challenging the lack of transparency in the conduct of the NEET-PG examination.

In their plea filed before the apex court, NEET-PG aspirants claimed that the introduction of two shifts, normalisation method, and change in the tie-breaker criterion affected medical students adversely. The petitioners said that NEET-PG had never been held in two shifts before and had always remained a single-shift and single-day examination to ensure a uniform examination standard and fairness of the national test.

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