On Wednesday, the Chief Justice Sanjiv Khanna asked the Centre whether it would enact a law allowing non-Hindus and Muslims to be members of Hindu religious endowment boards or institutions.
With the Supreme Court seeking clarification on some provisions of the Waqf Act, all eyes are now on what interim order the apex court is going to pass. On Wednesday, the Chief Justice Sanjiv Khanna asked the Centre whether it would enact a law allowing non-Hindus and Muslims to be members of Hindu religious endowment boards or institutions. The apex court also observed, “You can’t rewrite the past. Properties which are hundreds of years old can’t be reopened.” Muslim organisations seem to be happy with the apex court raising questions and are hopeful of a stay. Those who had challenged the new Waqf Act expected the apex court to stay the operation of the Act, but they had to be satisfied with the fact that the court raised questions on three key provisions. One, appointment of non-Muslims in Waqf Council and boards, two, role and powers of the district collector in the new law, and three, on powers of the government to denotify Waqf properties. The arguments are in the initial stage now. There are nearly 100 petitions. Top advocates like Abhishek Manu Singhvi, Kapil Sibal, Rajiv Shakdher, Sanjay Hegde, Huzaifa Ahmadi and Rajiv Dhawan are arguing their cases. There are more than 40,000 disputes pending on Waqf properties. There are cases where hundreds of years old temples were declared Waqf properties. The hearing may stretch for a longer duration. One problem is that the present Chief Justice of India Sanjiv Khanna will be retiring on May 13. On Wednesday, he forwarded the name of Justice BR Gavai as his successor. The question is, if the hearings are not complete by May 13, will a new bench hear the entire case afresh? One positive outcome on Wednesday was, the bench described the situation as “very disturbing”. The Chief Justice said, once the matter is before this court for adjudication, things should not be done to “vitiate the atmosphere”.
Bengal violence: Political advantage for both camps?
Even as the hearing was going on in the Supreme Court on the Waqf Act, there were reports of fresh violence in Murshidabad, West Bengal, with some shops set on fire and incidents of stoning. Chief Minister Mamata Banerjee warned rioters, saying they would not be spared. At the same time, Banerjee blamed the BJP for inciting violence in Bengal. She was addressing a conference of imams and muezzins in Kolkata. Banerjee asked the Muslim clerics to go to Delhi to raise their voice and stop anti-socials from indulging in violence. I have heard several statements of Trinamool Congress leaders on Bengal violence. Some of them said the violence was instigated by the BJP, while some said, people from Bangladesh came, indulged in violence and fled. But these leaders did not say why the Bengal police did not arrest these rioters. Some Trinamool leaders alleged that the rioters were speaking in Hindi and they were brought by the BJP in trucks from Bihar. Somebody should ask these leaders what the Bengal police were doing when these rioters were being brought in trucks from Bihar. BJP leaders are no less cynical. Leader of Opposition Suvendu Adhikari is raising the bogey of Yogi Adityanath. Both sides are indulging in politics, but neither of them has any interest in dousing the fire and restoring peace. This is because both sides at looking at political advantage if communal fires surge.
Herald case: One fact that Congress overlooks
Congress workers staged protests across India on Wednesday after the Enforcement Directorate filed a chargesheet against Sonia and Rahul Gandhi in the National Herald case. Congress has decided to fight this issue politically. Protests were held in Delhi, Mumbai, Chennai, Hyderabad, Chandigarh, Lucknow, Jaipur, Patna, Ranchi, Shimla and Bhopal. Congress is alleging that the Modi government is indulging in “vendetta politics”. Some of their leaders are claiming that the BJP is worried after Congress has decided to strengthen its organisation. Some allege that all this is being done with an eye on Bihar assembly elections later this year, and this was the reason why the National Herald case was reopened. One interesting point is that the case of shareholdings transfer of National Herald ownership was filed when the UPA government was in power and Dr Manmohan Singh was the Prime Minister. The present chargesheet has been filed after several years of investigation. Congress leaders are deliberately ignoring this vital fact.
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