&w=3840&q=100)
SC declines plea seeking transfer of Waqf Act petition from Delhi HC
Press Trust of India New Delhi
The Supreme Court on Tuesday declined to entertain a plea seeking transfer of a petition challenging the 1995 Waqf Act from the Delhi High Court to the apex court.
A bench headed by Chief Justice B R Gavai said that courts are increasingly being used for generating newspaper headlines rather than genuine legal redress.
The bench, which also comprised Justices K Vinod Chandran and N V Anjaria, made sharp remarks while hearing a transfer petition filed by advocate Ashwini Kumar Upadhyay.
The petition sought to move his challenge to various provisions of the Waqf Act from the Delhi High Court to the Supreme Court.
"This issue is already pending before this court. Why do you want more petitions," the CJI asked at the outset.
The bench noted that an earlier bench led by then CJI Sanjiv Khanna had already set a clear timeline for admitting such challenges.
The court had also permitted fresh petitioners to file intervention applications in the ongoing batch of 11 petitions challenging similar provisions of the Act.
Appearing in person, Upadhyay argued, "I was the first person to challenge this," insisting that his petition was the one that drew public attention to the alleged "land grab" by waqf boards involving over 40 lakh acres.
"You are always the first. What is the hurry to rush to court? Only after seeing the newspapers? Petitions are nowadays being filed only for the newspapers," the CJI said.
"We are not inclined to entertain the prayer." Upadhyay's writ petition before the Delhi High Court challenges the constitutional validity of Sections 4 to 9 and Section 14 of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025.
He said that these provisions are arbitrary and violate fundamental rights under Articles 14, 15, 21, 25, and 27 of the Constitution.
A similar challenge to the Waqf Act and its 2025 amendments is already pending before the Supreme Court, where a batch of petitions is being heard.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
4 minutes ago
- The Hindu
SC hearing on Justice Varma's petition LIVE: Bench of Justices Dipankar Datta and A.G. Mashi to hear the case
The Supreme Court on Wednesday (July 30, 2025) to hear the case on the discovery of a huge cache of burnt cash from the official residence of Allahabad High Court Judge Justice Yashwant Varma during his tenure as a Delhi High Court judge. A Supreme Court Bench consisting of Justices Dipankar Datta and A.G. Mashi is set to hear the case. Also read: SC asks Sibal to place on record the fact-finding committee report The Court on Monday (July 28, 2025) adjourned to hear the case on Wednesday after the court asked Kapil Sibal, who appeared for the petition, to place on record the fact-finding committee report. The Supreme Court on Monday questioned Justice Yashwant Varma over his plea to invalidate an in-house inquiry panel report indicting him in the case. Also read: Why did Justice Varma submit to in-house inquiry if it was contrary to Constitution, Supreme Court asks Follow the live blog for updates:
Scroll.in
34 minutes ago
- Scroll.in
Delhi HC upholds conviction of activist Medha Patkar in defamation case filed by Delhi LG VK Saxena
The Delhi High Court on Tuesday upheld the conviction of activist Medha Patkar in a 24-year-old defamation case filed by Delhi Lieutenant Governor VK Saxena, Live Law reported. Justice Shalinder Kaur said that there was no illegality in the decisions taken by the trial court and the appellate court to convict the Narmada Bachao Andolan leader in the case, adding that the orders were passed after consideration of evidence and law. The High Court was hearing a petition filed by Patkar against the trial court's April verdict dismissing her appeal against her conviction in the case. She had also challenged the order directing her to appear in person before the trial court to make submissions on the sentencing. Patkar failed to demonstrate any defects in the procedure that was followed or any error in the law that resulted in the alleged miscarriage of justice, Kaur said on Tuesday. The bench further upheld the decision taken by the appellate court to release Patkar on probation, Bar and Bench reported. However, the High Court modified the probation condition requiring her to appear before the trial court every three months. The activist can now appear online or be represented by an advocate. 'All the other conditions do not require any interference by this court,' Kaur said. The bench also dismissed another petition filed by the activist against the dismissal of her application to introduce and examine an additional witness in the defamation case, Live Law reported. The case was filed in 2001, when Saxena was heading the Ahmedabad-based non-governmental organisation National Council for Civil Liberties. Saxena alleged that Patkar had defamed him in a press note titled 'True face of patriot', which the activist had issued on November 25, 2000. The case, filed in an Ahmedabad court, was transferred to the chief metropolitan magistrate's court in Delhi in 2003. Patkar pleaded not guilty to the charges in 2013. In May 2024, Metropolitan Magistrate Raghav Sharma convicted Patkar in the case. She was found guilty of criminal defamation and held liable to serve two years' jail time, pay a fine, or both. On April 2, Additional Sessions Judge Vishal Singh upheld the verdict convicting Patkar. On April 8, Singh granted Patkar one year's probation in the case, noting that the offence she had committed was not grave enough to warrant imprisonment. However, Patkar had been expected to appear before the court on April 23, furnish probation bonds and deposit a fine of Rs 1 lakh. As the activist did not appear in court or comply with other orders, Singh said that Patkar was deliberately violating the directions and issued a non-bailable warrant. On April 25, Patkar was arrested but released hours later from custody. Her release came after her counsel told the court that the probation order was still valid and that the activist would furnish the probation bonds. The activist had moved the High Court against her conviction. The May 2024 judgement had said that Patkar's press note was a direct attack on Saxena's personal character and loyalty to the nation. The court also observed that Patkar had accused Saxena of 'mortgaging the people of Gujarat and their resources to foreign interests' and held the allegation to be a 'direct attack' on his integrity and public service. 'Such allegations are particularly grave in the public sphere, where patriotism is highly valued, and questioning someone's courage and national loyalty can cause irreversible damage to their public image and social standing,' the court had said.
Hindustan Times
an hour ago
- Hindustan Times
Kashmiris know what loss means: MP Rashid
New Delhi Jailed MP and Jammu and Kashmir Awami Ittehad Party chief Abdul Sheikh Rashid on Tuesday condemned the Pahalgam terror attack while urging the Centre and opposition to speak up for the people of Kashmir. Rashid is currently lodged in Tihar under the Unlawful Activities(Prevention) Act (UAPA) and his son Abrar said that the family had paid ₹ 144795 to the jail authorities for a day's travel to the Parliament. (HT PHOTO) Participating in a debate over Operation Sindoor in the Lok Sabha, the Baramulla MP said, 'What happened in Pahalgam was the murder of humanity. When it comes to condemning the attack and the families' feelings, Kashmiris know what the loss means to each family of the Pahalgam tragedy. Since 1989, Kashmir has lost more than 80,000 people.' Rashid said that to end terrorism, one has to first win the hearts of the Kashmiris. 'Today everyone is asking where are those militants? What was LG doing? I am not here to advocate for anyone. I am not taking sides. I come from a place situated at the LOC. I want to say that to end and fight militancy, you have to first win the hearts of Kashmiris. Since yesterday, none of the leaders have spoken about Kashmiris,' he said. Rashid is currently lodged in Tihar under the Unlawful Activities(Prevention) Act (UAPA) and his son Abrar said that the family had paid ₹144795 to the jail authorities for a day's travel to the Parliament on Tuesday. 'The money was paid in advance just to attend a session for the discussion. But what touched me deeply is how party workers and ordinary citizens came together—contributing whatever they could, to raise this amount. Some gave from their savings, others skipped daily needs, just so their representative's voice could be heard in Parliament. He represents the Baramulla constituency, which was the most affected so he had to be present and speak for the people. The only source of income for our family is my father's salary, from which we have to manage all household expenses, daily needs, and our educational costs,'he said, adding that the party and family look forward to the court hearing on July 31.
