Sheopur (MP), Aug 13: A South African female cheetah that went untraceable in the Kuno National Park in Madhya Pradesh's Sheopur district since her radio collar stopped working on July 21, was captured on Sunday after a 22-day search operation, officials said.

The cheetah, Nirva, was caught at around 10 am in Dhoret range of the Kuno National Park (KNP), after which a health check-up was conducted on her, they said.

An intense search for the female feline was on for the last 22 days after her radio collar stopped functioning on July 21, a release issued by the Chief Wildlife Warden of the Madhya Pradesh forest department said.

More than 100 field staff, including officers, veterinarians and cheetah trackers were searching for the spotted cat day and night, it said.

Besides the team on ground, two drone teams, one dog squad and available elephants were deployed in the search operation. An area of 15-20 square kilometres was being searched, it said.

In addition to this, local villagers were informed about Nirva and any information received about the feline from villagers was being checked and verified immediately, the release said.

On August 12, information about the cheetah's location was received from the satellite. It gave information about her location on August 11 evening, it stated.

"A search team was immediately sent to the spot and with the help of a drone team and dog squad, a team of veterinarians was able to finally trace Nirva in the evening, but could not capture her," it said.

Nirva looked healthy and was moving, it said, adding that a decision was taken to restart the operation on Sunday morning as it was getting dark. Drone teams were given the task of keeping track of Nirva's location throughout the night.

The search operation started again at 4 am on Sunday as per her location provided by drone teams. It took nearly six hours before Nirva could be captured, it said.

Nirva is healthy and has been kept inside a boma (enclosure) for a further health check-up, the release added.

All 15 cheetahs (seven males, seven females and one female cub) at the KNP are now kept in bomas. They are healthy and continuously being monitored on health parameters by Kuno's team of veterinarians, it said.

Under the Cheetah Reintroduction Project, eight Namibian cheetahs - five female and three male - were released into enclosures at the KNP on September 17 last year. In February, 12 more cheetahs arrived at KNP from South Africa.

In March this year, four cubs were born to a Namibian cheetah named Jwala, but three of them died in May.

Since March, six of the adult cheetahs have died due to various reasons, taking the total death count of felines, including three cubs, to nine.

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Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.

The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.

Concept of Waqf

The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.

Auqaf in India

The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.

Management of Auqaf in Karnataka

During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.

Abolition of Zamindari System

Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.

Waqf is always a Waqf

Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.

The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.

The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.

Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.

This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.