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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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LoP Rahul Gandhi shows interest in Poha-Jalebi through social media post ahead of Indore ‘Chhatron Ki Goonj’ event

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Indore, Sep 19: Congress leader Rahul Gandhi left Delhi for Indore on Saturday morning to address a large gathering of students, mostly college-goers, under the ongoing ‘Chhatron Ki Goonj’ series. However, ahead of the event, he showed interest in Poha-Jalebi through a social media post.

Party workers had worked extensively to complete the necessary organisational and security arrangements for the event. His programme is scheduled to begin at 7 p.m. while he is expected to reach Indore by 1.30 pm.

According to official information, approximately two lakh participants have registered for the programme.

A day before the event, LoP Gandhi shared a post on his Instagram account asking, “What is Indore serving up—‘poha-jalebi’ or something else?”

The light-hearted query quickly sparked conversations on social media. Since Instagram remains particularly popular among the youth, the post was shared exclusively on that platform.

Indore, widely regarded as the culinary capital of Madhya Pradesh, is famous across the country for its poha, a staple breakfast made from locally procured rice flakes.

By referring to the city’s food culture, LoP Gandhi sought to connect with young audiences ahead of the ‘Chhatron Ki Goonj’ (Students’ Resonance) event.

There is also speculation that he may visit the popular ‘56 Dukan’ area. Five years ago, during an election rally in Indore, LoP Gandhi had visited the food street.

While no additional official engagements have been announced alongside the main student event, Congress leaders have not ruled out the possibility of a brief visit to other locations after his arrival in the city.

Indore’s Sarafa Chaupati and ‘56 Dukan’ remain well-known landmarks for food lovers.

Four years ago, the Pravasi Bharatiya Sammelan was held in Indore and attended by Prime Minister Narendra Modi, who described the city as one of the new era and specifically mentioned Sarafa Chaupati.

Indore’s poha has long enjoyed special recognition. Even late Prime Minister Jawaharlal Nehru, during a visit to the city, had praised the local preparation extensively.

The uniqueness of Indore’s poha lies in its distinctive steam-cooking method, which produces a light, fluffy texture with grains that remain separate.

LoP Gandhi’s visit focusses primarily on engaging with students through the ‘Chhatron Ki Goonj’ platform, while the culinary reference has added a local flavour to the build-up for the event.

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Sanjay Raut defends Thackerays, terms revived Disha Salian row a politically driven campaign

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Mumbai, Sep 19: Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut on Saturday mounted a strong defence of the Thackeray family, alleging that renewed efforts to link them to the Disha Salian case were politically motivated and timed to coincide with the party’s resurgence in Maharashtra politics.

Addressing the media, Raut strongly rejected the renewed allegations surrounding the death of Disha Salian following a Rs 500-crore defamation lawsuit filed by her father, Satish Salian, against former ministers Aaditya Thackeray and Anil Deshmukh.

Satish Salian is expected to personally hand over the defamation notice by visiting Matoshree, the official residence of the Thackeray family at Bandra.

Raut questioned the selective claims of self-respect by complainants, labelling the fresh legal actions as a politically motivated smear campaign controlled by “outside forces.”

Calling Disha Salian’s 2020 death a tragedy that had already been acknowledged as an accident by her father in previous statements, Raut accused political opponents of unearthing resolved matters whenever the Thackeray family gains political momentum.

Moving beyond state politics, Raut levelled high-profile allegations directly targeting the Prime Minister and federal institutions. He alleged taxpayer money collected via UPI is being routed to the U.S. as extortion money to delay the public release of the international Epstein files, warning its fallout would trigger an earthquake in Indian politics.

Referencing RSS chief Mohan Bhagwat’s statement about the inevitable setting of the sun, Raut claimed it signals the political decline of Prime Minister Narendra Modi before 2029. He dismissed divine comparisons made by supporters, emphasising that the Prime Minister is a human being prone to errors, exhaustion, and false statements.

Raut accused the ECI of operating as a biased tool under Union Home Minister Amit Shah, citing recent arrests of opposition leaders and party symbol decisions as direct blows to democracy. He criticised recent actions, such as the arrest of a Congress candidate in West Bengal over an old protest and decisions regarding party symbols, characterising them as blows to Indian democracy.

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Two boys killed in tractor accident during Ganesh immersion procession in Karnataka Raichur

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Raichur (Karnataka), Sep 19: Two boys were killed, and another sustained serious injuries after they fell from a tractor during a Ganesh immersion procession in Raichur city on Saturday, officials said.

The incident occurred at M. Eranna Circle when the tractor carrying the boys was moving along the road during the procession.

According to police, the vehicle became unbalanced while crossing a road hump, causing two boys to fall from the tractor. They came under the wheels of the vehicle and sustained severe injuries.

The deceased have been identified as 16-year-old Suchit Kumar and 14-year-old Charan Kumar. Another boy, Vijaykumar, sustained serious injuries in the incident and is undergoing treatment at the Raichur Institute of Medical Sciences (RIMS).

The bodies of the deceased have been shifted to the RIMS hospital mortuary.

Raichur Superintendent of Police Arunangshu Giri said the incident occurred when the Ganesh immersion procession was underway, and the tractor became unbalanced near the road hump.

“Suchit Kumar and Charan Kumar fell from the vehicle and suffered severe head injuries. We shifted them to the hospital and medical treatment was administered, but they succumbed to their injuries,” the SP said.

A case has been registered at the Raichur City Traffic Police Station, and further investigation is underway, the SP said.

Police are investigating the circumstances leading to the accident, including how the tractor became unbalanced and the circumstances under which the boys fell from the vehicle.

The incident has cast a shadow over the Ganesh immersion procession in the city. The injured boy continues to receive treatment at RIMS, while the bodies of the two deceased boys have been kept at the hospital mortuary.

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