Latest news with #Munambam
The Hindu
18-05-2025
- Politics
- The Hindu
Munambam petitions to be heard afresh under old Waqf Act
The Munambam petitions challenging the listing and registration of land as Waqf will be heard afresh at the Waqf Tribunal under the Waqf Act, 1995, with a new judicial officer set to assume charge as chairperson this week. T.K. Minimol, district judge, will take charge on Wednesday. She will succeed Rajan Thattil, the chairperson of the tribunal, who had been hearing the petitions filed by Farook College, Kozhikode, challenging the Kerala Waqf Board's acts of listing and registering the Munambam holding as Waqf for the last two years. The parties to the litigation had been keenly contesting the case, which had left a socio-political impact on the State. The Waqf Act 1995 will continue to govern the cases though Parliament had enacted the Waqf Amendment Act 2025 as the acts that are being challenged before the tribunal took place much before the new enactment, according to judicial sources. Rijiju's claim Incidentally, Kiran Rijiju, the Union Minister of Parliamentary Affairs and Minister of Minority Affairs, had earlier claimed that the 2025 amendments would apply to the ongoing litigations and help the Munambam residents in claiming the revenue rights of their holdings. He had also claimed that the changes in the constitution of the Waqf Board and tribunals, as proposed in the 2025 amendments, would be beneficial to the residents in their legal pursuit for justice. Two cases The Munambam litigation began at the Waqf Tribunal in September 2023 when the secretary of the Managing Committee of Farook College challenged the decision of the State Waqf Board declaring the Munambam holding as Waqf on May 20, 2019. In another petition, the Farook College also challenged the decisions of the Waqf Board registering the Munambam holding as a Waqf in the name of Sidhique Sait. The petitioner challenged the decisions of the board by invoking the provisions of the Waqf Act, 1995. Since the process of law has been set in motion in both the litigations before the enactment of the new amendments, the law that was in force at the time of the Act in question will be binding, which is a fundamental legal principle covered by the General Clauses Act, pointed out judicial sources. No retrospective effect The 2025 Act has not given any retrospective effect to its provisions except Section 3 of the Act, which speaks about the trusts established by a Muslim for a purpose similar to a Waqf. The 2025 Act will have only a prospective effect, and all cases that are pending before various judicial fora before the latest enactment will be governed by the 1995 legislation. While all the substantive issues in such cases will be decided based on the earlier laws, the 2025 legislation will have an influence only on the procedural aspects in such cases, they pointed out.
The Hindu
11-05-2025
- Politics
- The Hindu
Kerala decides to oppose Wakf (Amendment) Act in Supreme Court
The Kerala government has eventually made up its mind to challenge the constitutional validity of the Waqf (Amendment) Act 2025 in the Supreme Court. The State government has issued instructions to its legal officers to file an impleading petition in the Supreme Court, said P. Rajeeve, Minister for Law. The State government had been dilly-dallying on the question of opposing the legislation in the top court even as several BJP-led State governments had impleaded in the case with the prayer to protect the recently passed legislation by the Union government. The writ petitions challenging the validity of the Act are likely to be considered by a Bench headed by Justice B.R. Gavai, after his swearing in as the Chief Justice of India on May 14. Kerala will initiate the proceedings for impleading in the case later this week, legal sources indicated. The State will oppose the Act by contending that it violated some of the constitutional provisions and values. Kerala views the Act as a transgression on the constitutionally guaranteed freedom of religious denominations to establish and maintain institutions for religious and charitable purposes, manage their affairs in matters of religion, own and acquire movable and immovable property, and administer such property by law, sources said. A unanimous resolution passed by the State legislature on October 14 last year had asked the Union government to drop the amendments as the legislators felt that the amendments violated the tenets of federalism and weakened the functioning and powers of the State Waqf Boards and the Waqf Tribunals. The provisions of the Act, which have replaced the election of the Waqf Board members with nominations, went against the democratic values and norms, the resolution had criticised. The spirit of the unanimous resolution and the views expressed by the State government against the legislation before the Joint Parliament Committee on proposed Waqf amendments will reflect in its petition. The State had also taken strong objection to the inclusion of non-Muslims in the Waqf Board, pointed out legal sources. A section of the Church, which had been spearheading the Munambam protests seeking revenue rights on the holding, which was reportedly given as Waqf, had backed the legislation and asked the MPs from the State to vote for it in Parliament. However, several Muslim organisations had taken out extensive campaigns against the Act in the State.
New Indian Express
06-05-2025
- Politics
- New Indian Express
Kerala Congress state president Sudhakaran intensifies efforts to retain post, meets A K Antony
THIRUVANANTHAPURAM: Amid speculation over change in leadership, Congress state president K Sudhakaran intensified efforts to retain the post even as top contenders Anto Antony and Sunny Joseph continued with their bid to stay in the contest. Sudhakaran, who chose not to speak to the media, met senior party leader A K Antony at his residence on Monday. Meanwhile, there is growing displeasure among Congress leaders over giving a communal angle to the process of selecting the next party chief. 'Reports that Anto and Sunny are being considered in line with the interest of the Catholic Church will backfire,' a Congress political affairs committee member told TNIE. He said the party state head was never selected on the basis of community before. 'This shows a rift between sections of the Christian and Muslim communities over the Munambam issue. The selection of KPCC president on communal grounds will alienate Muslims,' he said. There is also anger among senior leaders over the alleged silence of the Leader of Opposition V D Satheeshan, on the issue. 'When the KPCC president becomes a party of a contention, it is the duty of the parliamentary party leader to sort out the issue,' a KPCC leader said.
