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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

Regime change certain in 2027: Akhilesh lashes out at BJP, Election Commission

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Lucknow, Oct 11: The Samajwadi Party (SP) Chief Akhilesh Yadav on Sunday asserted that a change of power was certain in 2027 Assembly elections and criticized the Election Commission (EC) over alleged police action on the protesters in the national capital.

Speaking to the press, after paying respects to Loknayak Jayaprakash Narayan at the Jayaprakash Narayan International Centre (JPNIC) in Lucknow on latter’s birth anniversary, the SP supremo said that the Bharatiya Janata Party (BJP) will be shown the door by people in 2027 Uttar Pradesh polls and the ‘partisan’ Election Commission won’t be able to save its ‘sinking’ fortunes.

Swearing by the Loknayak Jayaprakash Narayan (JP)’s ‘Total Revolution’ (Sampoorna Kranti) slogans, Akhilesh Yadav said that the movement remains relevant even today for challenging the regime and his party will bring out the ‘desired’ result by walking down that path.

“The process of change has begun. The anguish among the public will accelerate the process of change,” he added, after garlanding the statue of Loknayak Jayaprakash Narayan at the memorial.

The SP supremo also took a swipe over Chief Minister Yogi Adityanath over the Ayodhya seat, days after he challenged the latter to contest the elections from the holy city.

Responding to the Chief Minister’s questions regarding Ayodhya, Akhilesh Yadav said that “arrogant individuals” would not be able to withstand the strength of his ‘PDA’ (Pichhda, Dalit, Alpsankhyak—Backward, Dalit, and Minority) alliance.

The SP Chief said that the public is now familiar with the BJP’s politics and the party will have to give befitting reply to its actions.

He claimed that a change would occur in 2027 and that the process has already begun.

He said that the BJP is rattled by political strength of the PDA and questioned the role of Election Commission.

He said that EC’s duty is to encourage maximum voter participation and ensure a smooth voting process.

Raising the issue of the alleged assault on residents of Uttar Pradesh in Delhi, Akhilesh Yadav questioned the Election Commission’s accountability and demanded its resignation.

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Crime

Newlywed poisons husband, 3 family members in Maharashtra Jalgaon

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Jalgaon, Oct 11: A shocking incident has come to light in Maharashtra Jalgaon district, where a newlywed woman attempted to kill her husband and three members of his family by mixing rat poison into their food just two days after their wedding, officials said on Sunday.

Police have arrested two women, including the bride, who were allegedly attempting to flee after the incident. The case came to light after the affected family members fell ill, prompting police to launch an investigation into the suspected poisoning and the circumstances surrounding the women’s disappearance.

The incident took place in Velhane village in Parola taluka of Jalgaon district. According to officials, the couple got married on October 7, and the alleged poisoning occurred on October 9, the third day of their wedding celebrations.

Police said the bride allegedly mixed rat poison into the food prepared for her husband and his family members. After the food was consumed, she reportedly left the house with another woman, taking some jewellery and the money received during the wedding with her.

The incident came to light when members of the family began experiencing health problems after consuming the food. The elders of the house were subsequently admitted to a government hospital in Dhule for treatment, officials said.

After receiving information about the suspected poisoning, police reached the spot and initiated an investigation into the incident.

The incident triggered anger among the family members and local residents, who gathered outside the police station and blocked the road. They demanded that the two women be arrested and that appropriate charges be filed against them.

The police intensified their efforts to locate the accused. The two women, who were allegedly trying to escape, were eventually detained near Nimgul village in Dhule district, officials said.

After their arrest, preliminary details emerged about the accused women’s backgrounds. Police found that the bride, identified as Suman Subhash Sahni, was a resident of Jharkhand. The other woman, identified as Aarti Suryaksh Patel, was also reportedly from Jharkhand.

It was also reported that the man had married Suman after paying Rs 2.5 lakh.

Police are investigating the allegations and gathering further details to establish the exact circumstances of the incident.

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Crime

Gujarat Police nab three more accused in Punjab’s Mad Sandhu murder case

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Ahmedabad/Valsad, Oct 11: The Gujarat Anti-Terrorism Squad (ATS) and Valsad Special Operations Group (SOG) have arrested three men wanted in connection with the murder of social media influencer and makeup artist Madhu Sudan Singh alias Mad Sandhu, who was shot dead in Punjab Amritsar earlier this month.

The three accused, identified as Harsimranjit Singh alias Simu Singga, Fateh Singh and Arman Singh, were detained in Vapi in Valsad district following a joint operation by the state police units.

According to the Gujarat ATS, Mad Sandhu was shot dead by two unidentified persons near a car washing centre on Lorahka Road in Amritsar on October 3.

“A case was subsequently registered at Cantonment Police Station in Amritsar City,” officials said.

The ATS received information about the suspects from senior officials of the Crime Investigation Agency (CIA) in Punjab, who shared details of the case with their counterparts in Gujarat.

Following instructions from senior officers, an investigation was initiated under the supervision of Superintendent of Police (SP) K. Siddharth, with Deputy Superintendent of Police (DySP) Harsh Upadhyay and Police Inspector Krupesh Patel leading the investigation.

The inquiry revealed that the three men allegedly involved in the murder were in Vapi.

Harsimranjit Singh, Fateh Singh, and Arman Singh, are all originally from Sange village under Sadar Police Station in Tarn Taran district of Punjab.

Given the possibility that the suspects could leave the area, the ATS shared their profiles, location details and other relevant information with the Valsad SOG.

Police Inspector D.D. Parmar and his team subsequently detained all three men in Vapi.

A Gujarat ATS team comprising Police Inspector J.N. Chavda, Police Sub-Inspector M.L. Solanki, Police Sub-Inspector K.R. Patel, Police Sub-Inspector V.B. Khant and other personnel then brought them to the ATS office for questioning.

“During interrogation, investigators gathered details about the alleged roles of the three accused in the murder, the reconnaissance conducted before the shooting and other aspects of the case,” the ATS said.

The Punjab Police was subsequently informed of their detention.

On October 10, a Punjab Police team arrived at the Gujarat ATS office, took custody of the three accused and transported them to Punjab for further legal proceedings.

The investigation into the murder is being pursued by the Punjab Police.

Earlier, the Ahmedabad Crime Branch arrested Parminder Prasad alias Parminder Kaka, the alleged main shooter in the murder, in the Vadaj area of Ahmedabad on October 8, following an input from the Amritsar Police.

According to Crime Branch officials, Parminder allegedly opened fire on Mad Sandhu and arranged the motorcycle used in the attack.

Punjab Police subsequently took him to Amritsar for further investigation, while investigators were also probing the suspected links of the killing with the network of foreign-based gangster Goldy Dhillon.

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