Today in Politics: Waqf hearing resumes; BJP’s damage control after MP minister row

Former CJI Sanjiv Khanna, whose bench was hearing the matter, demitted office on May 13.

On April 17, The Supreme Court indicated it is considering staying the operation of certain parts of the contentious Waqf Act, 2025 which include the concept of ‘waqf-by-user’, representation of non-Muslims on waqf boards, and the powers of the Collector to change the status of disputed waqf land.

“We do not stay a legislation normally at this stage of the challenge unless in exceptional circumstances. This appears to be an exception. Our concern is that if waqf-by-user is de-notified, there could be huge consequences,” Chief Justice of India Sanjiv Khanna had said in an oral observation. The bench also comprised Justices P V Sanjay Kumar and KV Viswanathan.

The 2025 Waqf law does away with the concept of waqf-by-user. Waqf-by-user is land used for Muslim religious or charitable purpose for a long period of time – it is deemed to be a waqf even if it was not registered as such. This could potentially raise questions on the status of several such waqf properties.

“As far as waqf-by-user is concerned, it will be very difficult to register. So, there is ambiguity there. You may argue that waqf-by-user is also being misused. You have a point there… You may have a point that’s being misused also, but at the same time, there is genuine waqf-by-user also. You can’t say that there is no genuine waqf-by-user either,” CJI Khanna had said.

MP minister row

On Wednesday, the Madhya Pradesh High Court ordered an FIR against state Tribal Affairs Minister Kunwar Vijay Shah. This came a day after his remarks were seen as directed against Colonel Sofiya Qureshi, who was part of the daily briefings during India’s military face-off with Pakistan.

The rap from the HC left the BJP scampering for damage control.

Shah’s comments alluding to Qureshi as “a sister of terrorists” who carried out the Pahalgam attack were “cancerous and dangerous”, the High Court said in a suo motu order, directing that an FIR be filed against the minister by Wednesday evening. A Division Bench comprising Justices Atul Sreedharan and Anuradha Shukla added that prima facie, Shah’s statement “encourages feelings of separatist activities, which thereby endangers the sovereignty, unity and integrity of India”.

On Wednesday, the BJP rushed a senior leader to the house of Qureshi’s relatives in Chhatarpur, Madhya Pradesh, though the party said this was a congratulatory visit to commend the family on the Colonel’s role.

The BJP is aware of the blowback from the row as the choice of Qureshi for the briefings on the India-Pakistan conflict which followed the Pahalgam terror attack was deliberate – part of the messaging by the Modi government that the terrorists’ bid to stoke communal tensions by targeting Hindu men had failed.

Sources said that on Tuesday evening, hours after Shah’s speech at an event near Mhow the previous day went viral, CM Yadav pulled up Shah, with advice on “how to conduct himself in public”. Sources said that the atmosphere at the meeting was “tense”. “This was not the first time Shah had made loose comments and he was told by the CM to not repeat this and to not speak about sensitive issues surrounding Operation Sindoor at a public platform,” a senior BJP functionary said.

Shah was summoned next to the BJP state headquarters, where party general secretary (organisation) Hitanand Sharma met him. “He was asked to maintain party discipline and not give a chance to the Opposition to attack the BJP,” said a senior leader.

Shah was also called by BJP state president V D Sharma to his home and reprimanded. Sharma told the media later: “The BJP leadership is very sensitive about such matters… The party has conveyed its message to Vijay Shah. No one has the right to disrespect Colonel Sofiya Qureshi, who has made the country proud.”

In his speech on Monday, Shah had said: “India taught a lesson to those responsible for the Pahalgam terror attack using a sister from their own community (unki samaaj ki behen ke zariye).” He repeated the same thrice, without mentioning Qureshi’s name.

Emerging from the BJP headquarters Tuesday evening, Shah shouted slogans of Bharat Mata ki Jai and said: “I belong to a family of martyrs and Armymen. I was emotional due to the Pahalgam incident. I am apologising if my words hurt someone and any community. Colonel Sofiya Qureshi is the pride of the nation and she is like my sister.”

Shah added: “Sister Sofiya has brought glory to India by rising above caste and religion. She is more respected than our own sister… We cannot think of insulting her even in our dreams. Still, if my words have hurt society and any religion, I am ready to apologise ten times.”

— With PTI inputs