Top Stories”No Safeguards For Non-Islamic Properties From Inclusion Of Waqf”: Plea In SC Challenges The Constitutional Validity of Waqf Act, 1995 Sanya Talwar30 Aug 2020 4:26 AMShare This – xA plea has been filed in the Supreme Court challenging the Constitutional validity of various provisions of the Waqf Act, 1995.Filed by six petitioners on behalf of Advocates Hari Shankar Jain & Vishnu Shankar Jain, the petition contends that stipulated provisions of the Act grant special status to Waqf properties while no such safeguard exists for Trusts, Mutts, Akharas &…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA plea has been filed in the Supreme Court challenging the Constitutional validity of various provisions of the Waqf Act, 1995.Filed by six petitioners on behalf of Advocates Hari Shankar Jain & Vishnu Shankar Jain, the petition contends that stipulated provisions of the Act grant special status to Waqf properties while no such safeguard exists for Trusts, Mutts, Akharas & Societies.”In the impugned Act there is no safeguard for Hindus and non Islamic communities to save their religious and private properties from inclusion in the list of Waqf issued by the Government or by the Waqf Boards and Hindu and other religious communities are being discriminated and the impugned provisions violate Articles 14,15,25,27 and 300-A of the Constitution of India.”The plea states the provision made for inclusion of a property as Waqf is not in conformity with the principles of natural justice and the theme underlying Article 14 of the Constitution of India as no elaborate provision has been made in Sections 4, 5, 36 & 40 of the Act in order to identify and determine the status of a property as Waqf.”In Section 40 a unique provision has been made authorizing the Waqf Boards to make an enquiry in respect of any land to find out as to whether the property is Waqf property or not. In case Waqf Board has reason to believe that any property of Trust or Society is a Waqf property it may call upon the Trust or Society to show cause as to why such property be not registered as Waqf property. The decision of the Board is final subject to any order passed by Tribunal” – Excerpt of PleaPlea highlights that Waqf Boards have been given special powers in various Sections under the Act, such as Section 54 and 55 in matters of “removing encroachment”, in section 89 for giving “two months notice before filing suit”, in section 89 for “giving two months notice before filing suit” and in section 107 whereby the applicability of Limitation Act for recovery of possession is exempted for Waqf properties.These rights and powers have not been given to Trustees, Managers, Shebaits, Mahants and persons managing and administering Trusts, Mutts, Temples, Akharas and religious properties, which is in clear violation of Article 15 & 15(1) of the Constitution, states Singh along with 5 other petitioners.It is averred that there is no limitation for recovering Waqf properties whereas “similarly situated Hindu trust and endowments face the embargo of law of limitation, there is no similar provision available to Hindu trust to regain its lost property and further there is no provision to save the interest of properties belonging to non-Muhammdans from being illegally included in the list of Waqf”Petitioner(s) state that Waqf has not been given any special status in the Constitution and thus, the same is at par with other charitable and religious institutions. “Thus, they cannot enjoy any special right over and above those applicable to Trusts, Charitable and Religious Institutions being run by Hindu community or nonIslamic religious group”, it is aded.In this backdrop, the plea contends that the State cannot make any law giving special status and rights to a “particular religious community” within the four corners of Constitutional provisions and State cannot show its inclination towards one religion in a Secular state as the definition of “Waqf” in the Shariat Act comes within the ambit of personal law of muslims relating to religion.Petitioner(s) have contended that there is no provision for giving notice to the general public and to conduct open hearing to enable the affected persons or the persons have interest or title over the property to present their case as Section 4(3) only provides that survey Commissioner after making such enquiry as he may consider necessary submit his report in respect of auqaf existing at the date of commencement of this Act in the State. “The Waqf Act has given wide and uncontrolled powers to Waqf Boards and Waqf properties have been placed over and above other charitable religious institutions. No other enactments (The Religious Endowment Act 1863, The Indian Trust Act 1882 and Charitable and Religious Trust Act 1920) has conferred such wide powers and status to Hindu religious institutions or non Islamic religious institutions.”In light of the above, the petitioners have sought issuance of appropriate direction or declaration that Parliament must not make any law beyond the scope of scope of Trust, Trust properties, charitable and religious endowments and religious institutions as enumerated in item 10 and 28 of list 3 of 7th Schedule and that it has no power to make any separate law for Waqf & Waqf properties. The prayers further stipulate:- Issue an appropriate writ, order, direction or declaration that any Rule, Notification, Order or Decision issued under the Waqf Act,1995 is not applicable to the properties belonging to, owned and possessed by Hindus or members of non-Islamic communities;Issue an appropriate writ, order, direction or declaration that the Tribunal or a quasi judicial forum cannot decide the dispute relating to property between two religious communities and same can be decided only by a court;Issue an appropriate writ, order or direction striking down Sections 4,5,8,9(1)(2)(a), 28,29,36,40,52,54,55,89,90,101 and 107 of Waqf Act,1995 for violating the provisions contained in Articles 14,15,25,26,27 and 300-A of the Constitution of India;Issue an appropriate writ, order or direction striking down Section 6,7 and 83 of the Waqf Act,1995 being in violation of Articles 14,15(1) and 323-A of the Constitution of India.Next Story
BOGOTÁ — The Colombian military must counter the symbols and rhetoric employed by Revolutionary Armed Forces of Colombia (FARC) rebels, specialists in psychological warfare and local politics told a group of officers at a four-day seminar in Bogotá. Ronald P. Archer, special advisor to USSOCOM (Special Operations Command) said that the FARC — Colombia’s most violent terrorist group — still has “significant power despite being defeated militarily.” Speaking Oct. 2 at Bogotá’s Club Militar, he said the FARC now focuses its ideological activities on recruitment, indoctrinating combatants, directing propaganda at civilians in conflict zones and feeding lies to Colombians and people overseas. “The Armed Forces needs to take the initiative in improving civilian-military relations and this will in turn combat the FARC’s claims that the state has abandoned their territory.” Archer told his audience. “The FARC’s propaganda must be studied in its minutiae to improve our understanding of the insurgent’s narrative.” Consistent messages work best Archer said the Colombian military’s narrative must be consistent — and that it must focus on cultural, religious and civic values shared by most of Colombia’s 46 million inhabitants. He pointed out that even though the family is the moral compass that guides Colombian culture and offers security, “the FARC rejects the idea of a traditional family and replaces it with a revolutionary identity.” Archer said that the terrorist group’s romanticized, revolutionary propaganda reaches universities — which are ideal recruiting grounds for new FARC combatants — yet is outdated and far removed from the realities on the ground. “The FARC realized very quickly in the 1980s that they had to get their message out there and directed their efforts to an international audience,” said Henry Cancelado, a political scientist at Bogotá’s Universidad Nacional. “The FARC’s reliance on actual foot-soldier activity is minimal alongside their management of the media and their political marketing — for example, publishing videos on YouTube. They truly believe and know that the more public they make their cause, the better and the further their message will reach.” Using social media wisely These days, said Cancelado, Colombia’s Armed Forces are up to speed on Facebook and Twitter, and in creating a counter-narrative to FARC propaganda. “If the FARC lose the support of their followers and active members, it does not matter how much money or how many bullets they possess. They are going to lose.” Salúd Hernández, a correspondent for Colombia’s El Tiempo and Spain’s El Mundo newspapers, suggested that the practice of using radio stations to call upon guerrillas to demobilize and turn themselves in be ended. She said it was well-known that guerrillas do not listen to those particular radio stations, and that those who do are subsequently punished by their superiors. Added Cancelado: “We should be affecting and damaging their support networks and image overseas. The struggle must be won with social support and showing up their moral corruption.” Archer noted that the FARC’s key support “comes from the regions of Colombia that have been subjected to years of guerrilla indoctrination.” And while those ideologies “may be leading the guerrilla group down an antiquated path,” he said that populations living in those regions need to see real change and promises fulfilled in order for the government to win their hearts and minds. The struggle for political power in the brother People of Colombia, between the incumbent Governments and the FARC guerrilla movement must be staged at the peace table. And the dialogue of the two parties should be free of hatred, the feeling of pain which generate wars, and of the pain and ardor of revenge. Leaving these and others negatives elements behind can help them achieve a good dialogue and a happy outcome for the homeland of Colombia, and everything because of Colombians, from Colombians and for Colombians. From Puerto Rico, we wish the best to our brother country. What a poor memory Colombians have. The Farc initially was the armed arm of the extreme left. At present, its previous philosophy of struggle for social claims disappeared as the Soviet Union is gone and it was changed for a lucrative business of death, based on the drug trade, kidnappings, extortion, robberies, etc. To begin to negotiate with bandits is difficult, because their business is so lucrative that it is also supported by hidden forces, they will never deliver it. This is shown in the history. LetÂ´s continue struggling and praying to our HEAVENLY FATHER to change their hearts is our exit. The vast majority was shocked by the war of bullets and don’t see other wars, for example, the life blood that is lost in hospitals by State corruption, the malnutrition of millions of Colombians that is reflected in their ravenous faces, the indignity of extreme opulence of very few “Christians”, opposite masses in misery of cramped capitals. IsnÂ´t that a war, you myopic people. they think they are so special with their army, and they haven’t even been able to handle a little group of rebels freedom for all those who are kidnapped. Innocent people… It doesn’t do any good to keep up a fight that causes so much pain and property damage, and that is frowned upon by the world. It is much better to implement government agreements for employment with fair remuneration, education and health for all combatants. This will truly bring peace, progress and a bright future for this great Colombian country. Foreign investment, industry and tourism will grow exponentially; consequently, the average Colombian will raise his standard of living like he never dreamed before. There will be no need to go to other countries, since Colombia will have everything readily available. Greetings. Wars helped reduce population, which in my opinion is the cause for the misery in Colombia and in many parts of the world. Today you don’t see that, a lot of technology and complex weapons are being deployed and very little results (deaths). The world population has to be decreased because in a few years we won’t even have water for our grandchildren, and there will certainly be wars. It is urgent to find ways to achieve this reduction, it is urgent to intensify the war, that way it will be over soon. As long as there is corruption, injustice, impunity, inequality, privileges and lack of opportunities, it will be very difficult to achieve real and long-lasting peace. The description for guerrilla is different: the dictionary says: the person who kills, sets fire, steals, kidnaps, etc. is a bandit. From now on they will be called BANDITS. Furthermore, 80% of the 40 millions residents, every time they commit arbitrary acts, the bandits will be left without mothers. GENTLEMEN JOURNALISTS, LEADERS AND SERVERS OF THE THREE BRANCHES OF GOVERNMENT: COULD IT BE THAT THESE ARMED GROUPS, SUBVERSIVE, PARAMILITARY OR OF ANY OTHER COMBATIVE DENOMINATION AGAINST THE ESTABLISHMENT, ORIGINATE BECAUSE OF THE INJUSTICE COMMITTED AGAINST DEFENSELESS, SIMPLE CITIZENS, BECAUSE OF THE GREED TO OBTAIN WEALTH, NO MATTER HOW, AT THE EXPENSE OF THOSE COMPATRIOTS IN POSITION OF INFERIORITY OR VULNERABILITY? TO SHOW AN EXAMPLE OF THIS SOCIAL INEQUALITY, REFER TO THE NEWS AIRED BY NOTICIAS UNO ON SATURDAY FEBRUARY 9 OF THIS YEAR, DURING ITS BROADCAST AT NINE O’CLOCK AT NIGHT, HEADLINING THE DISPUTE ON THE REPEATED FRAUD COMMITTED AGAINST THE COLOMBIAN SOCIAL SECURITY, BY THE OCCUPATIONAL RISKS INSURANCE COMPANY POSITIVA S. A. AND THE AUTHORITIES AREN’T TAKING ANY ACTION! IMMUNITY?… CARTE BLANCHE? (“Z”)… IMPUNITY?… WHAT SECRET INTERESTS, OBSCURE AGREEMENTS OR PERMANENT BENEFITS HOLDS THE POLITICAL CLASS IN ORDER TO BE PERMISSIVE WITH THESE CORRUPT BEHAVIORS THAT COMPROMISE THE SUPREME EXECUTIVE POWER, MINISTERS OF CORRESPONDING DEPARTMENTS WITH THEIR CONTROL AND MONITORING BODIES; OFFICE OF THE ATTORNEY GENERAL OF THE NATION, OFFICE OF THE COMPTROLLER AND AUDITOR GENERAL OF THE REPUBLIC; HOUSE AND SENATE AS LEGISLATIVE POWER WITH THEIR POLITICAL CONTROL AND THE OTHER POWER THAT SADLY HAS BECOME TRIVIAL, THE WAY [“IN”]JUSTICE HAS. COMMENT OF MARINO VEEDOR, FIGHTING FOR THE PEACE AND EQUALITY OF THE COLOMBIANS, VICTIMS OF THE TYRANNY OF THE DISASTROUS CORRUPTION THAT IS DESTROYING OUR BELOVED COUNTRY, WHERE WE CAN ASK OURSELVES, MALICIOUSLY, AND WHERE IS THE MANAGER WE CHOSE FOR THIS COMPANY? for many years the separation between the state established legitimately and the groups outside the law has increased, because of capitalist inequality of services, education, health, paved access ways so that the one who grows food has the ability to take his products to the city; on top of all this we have to create a system so that the farmer is not robbed by intermediates, a farmer comes with a bag of bananas and the inter pays for it as they wish, there is no one to put a price on those products, that’s why they stop growing legal crops and they start growing the illegal kind, because the illegal is bought in bulk and they don’t have to carry and beg in order to be able to sell what they have produced. The day the government protects its farmers, things will change. the struggle for political power between the governments in the sister-country Colombia is not doing any good. The dialogue between the two parties should be free of hatred, of the feeling of pain caused by wars, and of the pain and ardor of revenge. What is happening with the Colombian people and our governors, any illiterate person with delusions of dictatorship comes around and takes away from us half of the Caribbean Sea, and nevertheless we go on as if nothing happened, our indolence and that of our ruling class have caused that, for several decades, our neighbors have been trying to take advantage of our natural resources under the accommodating watch of our governments, who only think about profiting during their time at power for their own stingy interests. I think and respectfully suggest that our army and our police must initiate projects, provide education, attend issues on primary health in all those small towns where the State has not arrived yet, with all that it takes farmers to avoid being bought by the outlawed groups. The army and the police should have two groups in parallel, one to maintain military and police presence and another to provide State presence by offering services like the ones described above. This way we will be restoring the confidence that peasants of Colombia have lost. In a prestigious newspaper form Tolima, I read the statements of a great man who was an attorney of the nation, and who states the actual truth on how all the bad things are not just the FARC and he’s right. Everyone in the country blames them for everything because the state is behind them, but they neglect or go along with what’s most damaging for the country, and that’s the fucking administrative corruption where a company steals billions and if they get caught, these criminals who steal our taxes are treated delicately and with benevolence, and are locked up in cells where they have all their toys, and if they are retired, they continue to receive their juicy pensions. This has to change and surely Colombians will live better in the future. How can I believe this lady Salud Hernandez, correspondent of the newspaper El Tiempo. I think it’s disrespectful to write these publications, according to her the army radio stations don’t fulfill their purpose as subversive people do not listen to them, because according to this lady, the guerrilla men are punished for listening to these stations. But I suggest she do more research on this topic because this issue goes beyond listening or not to the army radio stations, because in the course of these months and years the demobilization of these illegal armed groups has increased due to direct and indirect matters regarding radio broadcasting of the messages; as the demobilized guerrilla men themselves say, they have been listening secretly to these stations, and messages are given through relatives of these subversive people, informing them on the plans and benefits provided by the government regarding the demobilization. With this I’d like to tell this lady that this is only one part of what is done with the radio broadcasting and that I think it’s strange that this educated and experienced lady doesn’t study the topics before writing or speaking. I KEEP THINKING THAT IF COLOMBIA SHARES THIS CAKE, WE WILL REACH PEACE MORE OR LESS, OTHERWISE WE WILL CONTINUE PROMOTING WAR. By Dialogo October 08, 2012
4SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Grow or die (or merge) has been the message to small credit unions for so long it’s become the industry cliché. But there’s another old saw small credit unions should heed: cast down your bucket where you are.Small credit unions have a number of resources and opportunities available to them — if only they took advantage of them, experts told Credit Union Journal, outlining some key strategies these institutions should be leveraging.And there’s good reason for the industry as a whole to take heed, as the imbalance between large credit unions and small credit unions can weigh down the cooperative movement.“Billion-dollar [credit unions] now control 60% of all credit union loans, but only make up 4.1% of all credit unions,” says Steven Rick, chief economist at CUNA Mutual Group, “This loan concentration will rise to 65% by 2019.”Control Operating ExpensesSome smaller credit unions are unable to afford full-time staff for certain aspects of their operations. Gregg Stockdale, principal credit union consultant at GS CU Consulting, suggests that smaller credit unions should utilize employee sharing with other credit unions throughout the nation. “A data processing system can be very effective,” he said. “You have a potential staff of 8,000 available to you.” continue reading »
Press Association Chris Brunt’s deep cross found Brown Ideye and the striker managed to nod the ball back for Gardner to hook in to the corner, via a deflection off Wes Morgan. The Foxes felt the ball had gone out before Brunt crossed but their protests went ignored. But three minutes before the break the Foxes should have levelled when Ulloa – without a goal in his last nine games – missed a fine chance. Albrighton’s cross was flicked on by Nugent for Ulloa and, under pressure, he blazed over from six yards. The Baggies had been second best since taking the lead and they continued to struggle to create after the break. Saido Berahino failed to pick out Gardner in space during a brief dangerous spell but there was little to concern the Foxes. Leicester looked the more dangerous but, as so often this season, struggled to turn their efforts into chances and goals. Mahrez fired a free-kick over with 18 minutes left with their first serious chance of the second half. But they kept pressing and levelled with 10 minutes remaining. Nugent hooked a deep ball back into the box with the Foxes queuing up at the far post and Marcin Wasilewski’s header found Huth to nod in, with Dawson helping the ball into the net. And Vardy clinched a priceless win in injury time when he outmuscled Gareth McAuley on the halfway line, arrowed towards goal and buried an unstoppable low finish past Myhill from 12 yards. The striker ran from the halfway line before burying a drive into the corner to close the gap to safety to just three points. It clinched back-to-back Barclays Premier League wins for the Foxes for the first time since September but they remain bottom with seven games left. Robert Huth’s late header had made it 2-2 after Darren Fletcher and Craig Gardner scored for Albion, while David Nugent levelled in the first half before the Foxes’ late show. The Baggies, playing in a special replica kit from the 1968 FA Cup final as they paid tribute to former striker Jeff Astle to help launch a foundation in the late striker’s name, are seven points above the bottom three. Craig Dawson returned from suspension for Chris Baird while Claudio Yacob replaced the benched Stephane Sessegnon. Marc Albrighton was recalled for Leicester, in place of Riyad Mahrez who dropped to the bench at The Hawthorns. The Baggies began well and Joleon Lescott had already headed a corner over before another brought the hosts’ opener after eight minutes. Brunt’s delivery was met by Fletcher seven yards out and his glancing effort flashed past Kasper Schmeichel, with goal-line technology awarding the goal after Esteban Cambiasso failed to clear in time. But the midfielder played his part in the Foxes’ leveller on 20 minutes when his deep free-kick was nodded down by Leonardo Ulloa for Nugent to steal in and prod under Boaz Myhill from seven yards. The striker scuffed wide from 18 yards four minutes later but the Baggies regained the lead on 26 minutes through Gardner’s second goal of the season. Jamie Vardy’s stunning injury-time winner handed Leicester a vital survival lifeline after a 3-2 victory at West Brom.