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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

Delhi HC grants injunction in favour of Ravi Kishan in personality rights case

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The Delhi High Court has granted an ex parte ad-interim injunction in favour of actor and BJP MP, Ravi Kishan, restraining multiple entities from unauthorised commercial exploitation of his name, image, voice and other personality attributes, including through Artificial Intelligence (AI), deepfake technology and other digital tools.

A single-judge Bench of Justice Jyoti Singh passed the interim order in a commercial suit filed by Ravi Kishan alias Ravindra Shukla against several defendants, including social media accounts, websites, domain name registrars, intermediaries and unidentified “John Doe” entities allegedly involved in the unauthorised use of his persona.

The suit alleged widespread misuse of the actor-politician’s personality and publicity rights through AI-generated content, vulgar and obscene videos, fabricated statements circulated on social media, unauthorised commercial exploitation of his identity, and pornographic content falsely associated with him.

It also alleged that several websites were using Ravi Kishan’s name in relation to sexually explicit and pornographic material, while social media accounts had uploaded fabricated and offensive content that tarnished his image and reputation.

In its order, the Delhi High Court observed that Ravi Kishan is a renowned actor with an illustrious career spanning over three decades and has also earned recognition as a public representative, enjoying substantial goodwill, reputation and commercial value.

Justice Singh recorded that the plaintiff has starred in over 750 films across multiple languages and that his commercial identity is intrinsically linked with his name, image, likeness, voice, signature catchphrases and other distinctive personality attributes, which constitute valuable personality and publicity rights.

“Plaintiff has made out a prima facie case for grant of ex parte ad-interim injunction. Balance of convenience lies in favour of the Plaintiff and he is likely to suffer irreparable harm in case interim injunction is not granted,” the Delhi High Court said.

It further observed that Ravi Kishan has the exclusive right to protect the various attributes of his personality and restrain third parties from using or commercially exploiting them without his express permission.

“As rightly flagged by the Plaintiff, he has the exclusive right to protect the various attributes of his personality such as name, image, voice, likeness and restrain third parties from using and commercially exploiting these attributes without his express permission and authority,” the order said.

Justice Singh observed that personality rights are now judicially recognised and deserve legal protection, particularly where unauthorised use results in commercial detriment, invasion of privacy and injury to a person’s dignity.

“Plaintiff is thus entitled to complain against any content which violates his personality rights and/or is vulgar or obscene or has sexually explicit or pornographic content and tarnishes his image, goodwill and reputation in the public and amongst family and friends and seek protection as well as action against the wrongdoers,” the order said.

Accordingly, the Delhi High Court restrained the defendants and all others acting on their behalf from using or exploiting Ravi Kishan’s name, image, likeness or any other identifiable aspect of his persona for commercial or personal gain through any technology, including Artificial Intelligence, Generative Artificial Intelligence, Machine Learning and deepfakes, across physical, virtual and social media platforms.

It also restrained the defendants from posting any audio-visual, vulgar, obscene or pornographic content using any of the actor’s personality attributes through AI or other technologies.

Directing immediate remedial action, the Delhi High Court ordered the identified defendants and domain name registrars to take down the infringing URLs listed in the order within three days of receiving a copy of the order.

It further directed intermediaries, including Meta, Google and X Corp., to remove the identified content within 72 hours upon being notified by the plaintiff if the concerned defendants failed to comply.

The matter has been listed before the Joint Registrar on August 13 for completion of pleadings and before the Delhi High Court on October 16 for further hearing.

The Ravi Kishan case adds to a growing list of high-profile personalities invoking their personality and publicity rights before the Delhi High Court.

In recent months, former cricketer and current head coach Gautam Gambhir, former India captain Sunil Gavaskar, spiritual leader Sri Sri Ravi Shankar, actors Arjun Kapoor, Allu Arjun, Nagarjuna, Varun Dhawan, Kajol, Aishwarya Rai Bachchan and Abhishek Bachchan, singer Jubin Nautiyal, filmmaker Karan Johar, podcaster Raj Shamani, and Congress MP Shashi Tharoor have secured or sought court protection against the unauthorised use of their identity, likeness, or AI-generated imitations.

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National News

PM Modi inaugurates Rs 480-crore Jodhpur Airport terminal, boosting air connectivity in western Rajasthan

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Jodhpur, July 4: Prime Minister Narendra Modi on Saturday inaugurated the new terminal building at Jodhpur Airport, marking a significant milestone in Rajasthan’s aviation infrastructure.

The Rs 480-crore project is expected to strengthen regional air connectivity, enhance passenger convenience, and provide a major boost to tourism, trade, and economic activity in western Rajasthan.

The newly constructed terminal spans more than 23,000 square metres and has the capacity to handle 20 lakh (2 million) passengers annually, substantially increasing the airport’s ability to cater to the region’s growing air traffic.

Inspired by Rajasthan’s rich architectural heritage, the terminal seamlessly blends traditional design elements with modern infrastructure.

The building features motifs and architectural styles reflective of the state’s cultural legacy while offering contemporary passenger amenities aimed at improving the overall travel experience.

The terminal has also been designed with sustainability at its core.

It incorporates energy-efficient systems, water conservation measures, and green building practices, making it an environmentally responsible addition to the country’s expanding aviation network.

The inauguration of the new terminal is expected to improve domestic and regional connectivity for Jodhpur and neighbouring districts, making the city more accessible to tourists and business travellers alike.

Officials believe the upgraded infrastructure will further strengthen Jodhpur’s position as a key tourism destination while creating new opportunities for commerce, investment, and employment across the Marwar region.

During the programme, Prime Minister Modi also launched the revised UDAN (Ude Desh ka Aam Nagrik) scheme, aimed at expanding affordable regional air connectivity across India.

The revamped scheme seeks to operationalise more airports, improve access to underserved regions, and strengthen the country’s aviation ecosystem over the coming decade.

The inauguration ceremony was attended by Governor Haribhau Kisanrao Bagde, Chief Minister Bhajan Lal Sharma, Union Civil Aviation Minister Kinjarapu Ram Mohan Naidu, Union Tourism Minister Gajendra Singh Shekhawat, Minister of State for Civil Aviation Murlidhar Mohol, senior government officials, and public representatives.

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Crime

Delhi Police busts drug supply chain, arrests three traffickers including two foreign nationals

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New Delhi, July 4: The East District Anti-Narcotics Squad of Delhi Police has busted an alleged drug supply chain operating in the national Capital and arrested three accused, including two foreign nationals, recovering 21.09 grams of MDMA, 30 grams of ganja, three scooters and two mobile phones, officials said on Saturday.

According to Delhi Police, the operation was carried out as part of its ongoing ‘Zero Tolerance’ policy against drugs and the campaign to build a drug-free society.

The three arrested persons have been identified as John, a 35-year-old Senegalese national allegedly working as a drug supplier; Diwakar, 27, a resident of Baba Colony in Burari, Delhi, who was allegedly acting as a local drug peddler; and Solomon, a 37-year-old Nigerian national, who police described as the source of the narcotics.

Police said a dedicated team of the Anti-Narcotics Squad (ANS) of East District was formed under the supervision of Inspector Arun Kumar and the overall guidance of ACP (Operations) Pawan Kumar to crack down on drug suppliers and peddlers. Acting on a tip-off received on June 30, the team laid a trap near Star City Mall on the Delhi-Noida Link Road after receiving information that John would arrive there to deliver MDMA.

According to police, John attempted to flee after noticing the police team by making a U-turn on the wrong side of the road. During the chase, he allegedly rammed his scooter into a road divider before being overpowered by the police. A search led to the recovery of 12.86 grams of MDMA from his possession. Subsequently, an FIR was registered at Mayur Vihar Police Station under relevant provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

During interrogation, John allegedly disclosed that he used to supply MDMA to a local peddler, Diwakar, at different locations between the Chilla-Noida border and Akshardham Road. Based on this information, police traced and arrested Diwakar from Akshardham Road. Officers recovered around 3 grams of MDMA and 30 grams of ganja from his possession.

Further questioning of the two accused led investigators to another alleged supplier identified as Solomon, an African national residing in New Ashok Nagar. Police laid another trap near Crown Plaza Hotel Road and Chilla Border Road and arrested Solomon. A search resulted in the recovery of 5.23 grams of MDMA from his possession.

Police said the total seizure included 21.09 grams of MDMA, classified as a commercial quantity, and 30 grams of ganja, with an estimated value of around Rs 4 lakh in the international illicit market. Three scooters allegedly used for transporting narcotics and two mobile phones were also seized.

During the investigation, police found that Diwakar had initially started purchasing MDMA from John for personal consumption before allegedly turning to drug peddling for financial gain. Police further said that both foreign nationals failed to produce valid passports or visas during verification.

Officials said the arrests have helped dismantle an active narcotics supply chain operating in the area. Further investigation is underway to identify both backward and forward linkages of the network and ascertain whether the recovered vehicles were used in other criminal activities.

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