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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.

Crime

Odisha: Drug-addicted son kills father after argument over de-addiction medication

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Bhubaneswar, July 28: Within 24 hours of the gruesome murder of a woman allegedly by her husband in the Chakeisiani area under Mancheswar police station limits, another brutal killing occurred in the same police station area of Odisha’s Bhubaneswar on Tuesday, with a 50-year-old man allegedly beaten to death by his drug-addicted son.

Police identified the victim as S. Duryadhan (50), while the accused, S. Debaraj (25), is his only son.

The deceased Duryadhan worked as a labour contractor.

Upon being informed, the police along with the scientific team immediately reached the crime spot and launched an investigation into the case.

Speaking to reporters, Biswaranjan Senapati, Assistant Commissioner of Police (Zone V), said, “Preliminary investigation suggests that Debaraj killed his father following a dispute over his drug use.”

He also added that accused son was a habitual brown sugar addict and had earlier been admitted to a de-addiction centre by his father.

“Following medical advice, Duryodhan used to mix the prescribed de-addiction medicine into a bidi and ask his son to smoke it whenever he would ask for any normal cigarette or bidi. However, Debaraj disliked the arrangement and frequently engaged in heated arguments with his father over the issue,” Senapati said.

The ACP said a heated argument over the issue erupted on Monday night, forcing the accused’s mother and other family members to leave the house out of fear.

According to Senapati, only the father and son were at home on Tuesday morning when they again got into an argument after the victim offered his son a bidi containing the prescribed medicine, while the latter demanded a regular bidi.

Meanwhile, the accused suddenly went into a fury after Duryadhan insisted and attacked the victim with an iron pipe. He later bludgeoned his father with a stone.

“The family members also told us that the accused has a brain tumour and often gets furious all of a sudden. He has been detained at the police station and will be produced before the court later,” Senapati added.

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Business

Indian Railways approves Rs 163 crore electric traction upgradation in Nanded division

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New Delhi, July 28: In a significant step towards strengthening railway infrastructure and enhancing network capacity, Indian Railways has sanctioned the upgradation of the electric traction system on the Parbhani-Mudkhed double line section in Nanded division of South Central Railway, according to a statement issued by the Ministry of Railways on Tuesday.

The project, which also includes associated power supply installation works, has been sanctioned at a cost of Rs 163 crore, converting the existing 1×25 kV electric traction system to a more advanced 2×25 kV system over a stretch of 164 track kilometres, supported by upgraded power supply infrastructure to meet the enhanced electrical load, the statement said.

The Parbhani-Mudkhed section forms part of the strategically important Highly Utilised Network (HUN) Route-9, connecting Ajmer-Indore-Khandwa-Akola-Purna-Mudkhed-Secunderabad-Mahbubnagar-Dhone.

The upgraded traction system will strengthen power supply for train operations, enabling the section to handle higher freight volumes and support the running of Vande Bharat Express trains. It will also contribute to Indian Railways’ goal of achieving 3,000 million tonnes of freight loading by 2029-30, the statement said.

The project is part of the continuing efforts of Indian Railways to modernise electrical infrastructure and improve operational efficiency on high-density corridors across the country.

The country has emerged as the global leader with the largest electrified railway network in the world. With 99.6 per cent electrification of the country’s broad gauge track network, India is second only to Switzerland which has 100 per cent railway electrification, but the network is much smaller, Railways Minister Ashwini Vaishnaw informed the Lok Sabha earlier this month.

India’s railway network electrification is ahead of China (82 per cent), Spain 67 (per cent), Japan (64 per cent), France (60 per cent) the United Kingdom (39 per cent).

Indian Railways has undertaken one of the fastest railway electrification programmes in the world.

Electrification of the track network on Indian Railways has been taken up in mission mode with a massive 48,072 route km being electrified between 2014-2026. This represents a sharp acceleration compared to the 21,801 route km that was electrified in the 60 years before this period, the minister stated.

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Crime

EOU conducts simultaneous raids in Jamui in Benami assets probe linked to Zila Parishad chairperson

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Patna, July 28: The Bihar Economic Offences Unit (EOU) on Tuesday carried out simultaneous raids at multiple locations in Jamui as part of an investigation into alleged benami (proxy-owned) assets linked to Zila Parishad Chairperson Dulari Devi and her husband Guddu Yadav.

The operation was still underway at the time of filing this report.

According to an official, the EOU launched coordinated searches at the residences of Dulari Devi, Guddu Yadav, and four to five of their close associates.

The raids have attracted significant attention across the district.

The search operation is being conducted at several locations, including Guddu Yadav’s in-laws’ residence in Damarkola village under the Khaira police station area, his residence at the district headquarters, and the official Zila Parishad residence.

Investigators are examining documents, financial records, property-related papers, and other materials relevant to the probe.

Preliminary information indicates that the raids are part of an investigation into allegations of benami assets.

However, the EOU has not yet issued an official statement detailing the basis of the searches or the scope of the investigation.

The operation was continuing when this report was filed, and it remains unclear whether any incriminating documents, cash, valuables, or other evidence have been recovered.

Officials are expected to release further details after the search operation is completed.

Earlier on June 11, the EOU had conducted another raid at the properties of Manish Kumar — an accountant working at the Hajipur Municipal Council office in Vaishali — for allegedly amassing assets disproportionate to his known sources of income.

Preliminary investigations have revealed evidence of assets worth approximately Rs 2.02 crore in excess of his income.

According to the EOU, a case (Case No. 10/26, dated June 10, 2026) was registered against Manish Kumar at the Economic Offences Unit police station following the verification of information received from reliable sources.

The case has been registered under Sections 13(2) and 13(1)(b) of the Prevention of Corruption Act, 1988 (amended in 2018).

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