Waqf bill attack on Constitution's basic structure, INDIA bloc opposes it: Gogoi
New Delhi (PTI): Congress MP Gaurav Gogoi on Wednesday said the INDIA bloc will oppose the proposed changes to the Waqf law and called the bill an attack on the basic structure of the Constitution with an aim to dilute its provisions, defame minorities, disenfranchise them and divide the Indian society.
Hitting back, former Union minister and BJP leader Ravi Shankar Prasad said when large number of Waqf properties are lying vacant and being looted, the government has all powers to bring a law to regulate it.
He told Gogoi that while he cited Constitution, he did not present a complete picture on its various provisions authorising government to bring laws on various issues, including Waqf properties.
Initiating the debate on the Waqf (Amendment) Bill, Gogoi accused the government of misleading Parliament, referencing past discussions on the matter.
"This bill is an attack on the basic structure of our Constitution, an attack on our federal structure, and has four primary objectives: to dilute the Constitution, to defame minority communities, to divide Indian society, and to disenfranchise minorities," he alleged.
"The claim that the 2013 UPA government did not act on this issue is false. Repeated allegations have been made," Gogoi said, questioning the necessity of the amendments.
He further argued that the bill had not been adequately discussed with minority representatives.
"In 2023, four meetings of the Minority Commission were held, and yet, there was no mention of the need for a Waqf amendment bill. I ask the government - was this bill drafted by the Minority Affairs Ministry or some other department?"
The opposition MP also raised concerns over Clause 3, which defines individuals practising Islam.
"Minorities are now being forced to prove their religious identity with certificates. Tomorrow, will people from other faiths also have to do this? This is against Article 26 of the Constitution," he said.
"Which community do you want to mislead? The same community that fought for India's independence? The community that sacrificed alongside Mangal Pandey in 1857? You want to tarnish the reputation of a community in which 2 lakh ulema were martyred? You seek to defame the community that supported us during the Quit India Movement? You want to stain the name of the community that supported the Dandi March on April 6, 1930?" Gogoi said.
"You wish to malign the community that opposed the British policy of divide and rule in 1926? You aim to taint the community whose leader, Maulana Hussain Ahmad Madani, demanded complete independence?" he added.
Gogoi also accused the government of spreading misinformation about the bill's impact on women's rights.
"There is an attempt to create the illusion that the existing law discriminates against women. In reality, the law already has provisions for the protection and empowerment of women, including widows," he said.
He also claimed that the Joint Parliament Committee did not take any suggestions of the Opposition into consideration.
Gogoi noted the reduction in revenue allocation from 7 per cent to 5 per cent, arguing that instead of reducing it, the government should consider increasing it to 11 per cent to strengthen the Waqf Board. He also claimed that provisions on imprisonment had been diluted.
"There is a clear attempt to take control of Waqf properties. Today, their eyes are on one minority group; tomorrow, they will target another. We support necessary reforms, but this bill will only lead to increased litigation and more problems," he said.
Countering the Opposition attack, Prasad said the church community is also in favour of Waqf amendment bill as churches too are facing the problem of encroachment by Waqf bodies.
He said the government cannot watch silently as corruption on Waqf properties continue unabated.
"Waqf is not a religious body; it is a statutory body. There are over 8 lakh Waqf properties, including schools, hospitals, and orphanages. Shouldn't there be a mechanism to ensure proper governance? The opposition is politically bound to oppose reforms, but they must look within themselves," he added.
Prasad said that the amendments were necessary to ensure transparency and fairness in Waqf administration.
"The Waqf Bill is about regulating properties, not about targeting any community. If the bill provides more representation to backward Muslims in Waqf affairs, why is the opposition objecting? If Waqf properties are being misused or illegally occupied, the Constitution allows for corrective legislation," he said.
Prasad said the Congress has over the years only paid lip service to the cause of minorities but did nothing to empower them.
He also referenced the Shah Bano case, accusing the Congress of undermining legal reforms for political gains.
"When the Supreme Court ruled in favour of Shah Bano, the Rajiv Gandhi government overturned the decision for vote bank politics. Congress had 400 seats then but never got a majority after that. Today, they continue to oppose necessary reforms for political reasons," he said.
According to the bill, trusts created by Muslims under any law will no longer be considered Waqf, ensuring full control over them.
Only practising Muslims (for at least five years) can dedicate their property to Waqf, restoring the pre-2013 rules. Also, women must receive their inheritance before Waqf declaration, with special provisions for widows, divorced women and orphans, the bill proposes.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
