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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.

National News

All political parties should join the Tiranga Yatra, PM Modi is working for the upliftment of all: Ashish Deshmukh

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Nagpur, May 16: Tiranga Yatra has been organized in Kamathi, Nagpur under the leadership of Maharashtra Revenue Minister and Guardian Minister of Nagpur Chandrashekhar Bawankule. A large number of people have joined the rally with the tricolor in their hands. During the yatra, BJP leader Ashish Deshmukh talked about the success of Operation Sindoor. He also answered questions related to Sanjay Raut’s book, the future of the Indy alliance and Rahul Gandhi’s Bihar tour.

Ashish Deshmukh, while talking to Media, said, “Today there is a wave of happiness in the whole country. Operation Sindoor has increased the glory of India. When public sentiments were increasing against Pakistan, Prime Minister Narendra Modi started Operation Sindoor through the armed forces and it was successful. Today, every Indian has the feeling of patriotism and love for the country. As a symbol of this, we are taking out the Tiranga Yatra. We believe that every party should join this Yatra. The tricolor is the pride of 140 crore Indians. Therefore, whoever loves the tricolor must definitely join this Yatra. In this, any party should join the Yatra by erasing its ideological differences.”

Responding to a question related to Shiv Sena (UBT) leader Sanjay Raut’s book ‘Narakatala Swarga’, Ashish Deshmukh further said, “I do not have much information about what Sanjay Raut said. But he says something every day, so that his and his party’s name keeps coming in the media.”

On the question that senior Congress leader P. Chidambaram has expressed concern about the future of the ‘Indy’ alliance, Deshmukh said, “Whatever he said seems right to us because he is an experienced leader and he has said this accordingly. It is true that the Indy alliance will completely disintegrate in the coming times. An example of this is coming in front of us right now when Sharad Pawar’s party will merge with Ajit Pawar’s party. This process has started in Maharashtra. This will be seen in the country as well.”

Ashish Deshmukh also expressed his views on the question related to Rahul Gandhi’s visit to Darbhanga in Bihar and his statement in front of the students there. Rahul Gandhi had talked about caste census in front of the students coming from backward classes, in which he had said that Congress forced PM Modi to conduct this census. On this, Ashish Deshmukh said, “Workers like us have taken out OBC Yatra in Maharashtra. Our state president has also given a statement on OBC census. PM Modi has done the work of conducting caste based census. PM Modi is continuously working for the upliftment of backward classes. What Rahul Gandhi did in Bihar was not right considering the stature of the Leader of Opposition. Rahul Gandhi has tried to take credit for the government’s decision to conduct caste census.”

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Crime

WBSSC recruitment case: Undeterred by baton charge, teachers gherao Bikash Bhawan again

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Kolkata, May 16: A day after being baton-charged by police, the protesting teachers have assembled again, surrounding Bikash Bhavan, the West Bengal Education Department’s headquarters, on Friday morning.

Some of the protesting teachers with severe head and body injuries were also seen joining the protests.

Some of the protesters attempted to get inside the Bikash Bhavan premises by removing the barricades raised by police around the building at Salt Lake in Kolkata.

A police contingent from Bidhannagar Police Commissionerate has already reached the spot and is trying to control the situation.

The protesting teachers claimed that even if they face police assault again, they would continue with their protests till their last breath until their demands in the matter are fulfilled.

Their main demand is that the state government and West Bengal School Service Commission (WBSSC) should immediately publish lists segregating the “untainted” or “genuine” candidates from the “tainted” ones, who had paid money for getting school jobs.

They also alleged that the state government and WBSSC are “deliberately refraining from publishing the segregated lists to protect the untainted candidates”.

The protesting “genuine” teachers started a gherao agitation on Thursday morning, cordoning off Bikash Bhavan from all sides. At around 10 p.m. on Thursday, a huge police contingent reached the spot and resorted to a massive baton charge to disperse the protesters, in which several protesting teachers were severely injured.

Although the “gherao” demonstration was dispersed, the protesting teachers assembled at a distance from Bikash Bhavan, continuing with their sit-in demonstration.

On April 3, the Supreme Court’s division bench of erstwhile Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar had upheld a previous order by the Calcutta High Court’s division bench of Justice Debangshu Basak and Justice Shabbar Rashidi cancelling 25,753 school jobs in West Bengal.

The Apex Court also accepted the observation of the Calcutta High Court that the entire panel of 25,753 candidates had to be cancelled because of the failure of the state government and the commission to segregate the “untainted candidates from the “tainted” ones.

The state government and West Bengal School Service Commission (WBSSC) had already filed review petitions at the Apex Court on this issue.

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National News

Supreme Court to hear Madhya Pradesh Minister Vijay Shah’s plea today against HC order for remarks on Col Sofiya Qureshi

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New Delhi, May 16: The Supreme Court is set to hear the plea of Madhya Pradesh Tribal Affairs Minister Kunwar Vijay Shah on Friday, challenging a Madhya Pradesh High Court order that initiated suo motu contempt proceedings against him.

The High Court had taken cognisance of Shah’s remarks directed at Colonel Sofiya Qureshi, the Indian Army officer who briefed the media regarding Operation Sindoor.

The matter was mentioned for urgent listing before the Bench of the Chief Justice of India B.R. Gavai, and Justice George Augustine Masih.

The Supreme Court on Thursday questioned the sense of responsibility of Madhya Pradesh Minister Shah, who reportedly made derogatory remarks about Colonel Qureshi.

“What sort of statements are you making… A responsible Minister of the government, that too when the country Is undergoing such a situation… A person holding a Constitutional office is expected to exercise a degree of restraint. Every sentence uttered by a Minister must be with a sense of responsibility,” Chief Justice of India B.R. Gavai reproached Shah’s remarks about the woman officer.

Shah, represented by senior advocate Vibha Dutta Makhija, has moved the Supreme Court for a stay of a First Information Report (FIR) registered against him on the orders of the Madhya Pradesh High Court. The apex court agreed to hear his case on May 16, 2025.

The apex court advised the Minister’s lawyers to inform the High Court, which had listed the case on May 15, about the May 16 hearing.

The High Court had taken suo motu cognisance of the comments made by the Minister.

Makhija, in an oral mentioning for early hearing, submitted that the comments were “unfortunately over-hyped” by the media.

The Minister was not given an opportunity to be heard by the High Court before it passed the order to the police to register an FIR.

She argued that the High Court might have exceeded its jurisdiction.

At that point, Chief Justice Gavai asked why the Minister should approach the Supreme Court directly, and not fight his case in the High Court itself.

“Somebody is a Minister, so it should be entertained here?” Chief Justice Gavai asked Makhija.

The senior lawyer said Shah has publicly expressed remorse, and she had a recording of it.

On Wednesday, the Madhya Pradesh High Court ordered the Director General of Police (DGP) to register a criminal case against Shah within four hours and warned the DGP of contempt action in case of any delay in compliance.

A bench of Justices Atul Sreedharan and Anuradha Shukla of the Madhya Pradesh High Court said that prima facie, an offence of promoting enmity between different castes, religion and language was made out.

The Justice Sreedharan-led Bench opined that referring to Colonel Sofiya Qureshi as a “sister of terrorists” is an offence of hurting the sentiments and faith of the Muslim community.

Talking about Operation Sindoor, Vijay Shah, on Monday, had said that Prime Minister Narendra Modi had sent a “sister from the same community” as those in Pakistan to avenge the April 22 terror strike in Kashmir’s Pahalgam.

“PM Modi is striving for the society. Those who widowed our daughters (in Pahalgam), we sent a sister of their own to teach them a lesson,” Shah had said.

The distasteful remarks against Colonel Sofiya Qureshi, the Indian Army officer who briefed the media throughout Operation Sindoor against Pakistan, sparked nationwide outrage.

Following the incident, the Minister apologised from the “bottom of his heart” and said he respects the Armed Forces and mentioned Colonel Sofiya as “sister”.

“I, Vijay Shah, am not only ashamed and saddened by my recent statement, which has hurt the sentiments of every community, but I also apologise from the bottom of my heart. Our country’s sister Sofia Qureshi ji has worked rising above caste and society while fulfilling her national duty,” he said in a video message posted on the social media platform X.

In his petition filed before the Top Court, Shah sought quashing of the FIR as well as the suo motu proceedings initiated by the Madhya Pradesh High Court.

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