DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE FRIDAY, APRIL 18, 2025, KOLKATA, LATE CITY, 18 PAGES `6.00 (`12 IN NORTH EAST STATES, `20 IN ANDAMAN) WWW.INDIANEXPRESS.COM SINCE 1932 NOT APPROPRIATE TO STAY, SG TELLS COURT; TO FILE REPLY TO PLEAS IN 7 DAYS Day after Supreme Court’s red flag, Govt puts key aspects of Waqf law on hold until May 5 ANANTHAKRISHNAN G NEW DELHI, APRIL 17 A DAY after the Supreme Court red-flagged three key aspects of the Waqf Act, 2025 and suggested it could stay them, the Centre told the court on Thursday that it would neither makeanyappointmentstoWaqf Boards nor change the character of waqfs, including ‘waqf-byuser’ that are notified and registeredassuchuntilthenexthearing on May 5. Taking on record this assurance by Solicitor General Tushar Mehta, a three-judge bench presided by Chief Justice of India SanjivKhannanotedinitsorder: “It is also stated that till the next Outside the Supreme Court on Thursday. Tashi Tobgyal date of hearing, no waqf, including a waqf-by-user, whether declared by way of notification or by way of registration, shall be de-notified, nor will their character or status be changed.” On appointment of nonMuslims to waqf boards, the SC BUSINESS AS USUAL took note of Mehta’s assurance that “till the next date of hearing, noappointmentswouldbemade to the Central Waqf Council and the Waqf Boards” by the Centre and if any state “makes any such appointment(s),thesamemaybe declared void.” With the Centre requesting a week to file an affidavit before the SC passes an interim order, thethree-judgebench,alsocomprising Justices Sanjay Kumar and K V Viswanathan, deferred the cases challenging the constitutionalvalidityof theActtoMay 5. CJI Khanna retires on May 13. “We clarify that the hearing fixed on the next date will be a preliminary hearing and, if required, interim orders will be CONTINUED ON PAGE 2 BY UNNY Like in sedition, Art 370, how Centre pre-empted an adverse court order APURVA VISHWANATH NEW DELHI, APRIL 17 EXPLAINED LAW KEYISSUESINWAQF ACTCHALLENGE PAGE 14 THE GOVERNMENT’S assurance to the Supreme Court Thursday that it would pause the two contentious provisions in the Waqf Act, 2025 — the concept of ‘waqf by use’ and inclusion of nonMuslims on waqf boards — is the latest in a series where the Centre has forestalled an adverse judicial order. On April 16, the three-judge benchheadedbytheChiefJustice of Indiahad,inoralobservations, indicatedthatitwasconsidering staying at least three key provisions.However,SolicitorGeneral Tushar Mehta sought to buy time, requesting the Court to hear at least two more lawyers on behalf of the Centre. The benchagreed,addingthat it would pass orders after hearing them. On Thursday, Mehta ● instead began with a requesttodeferthehearing fortheCentretofilewrittensubmissions. Eventually, when the SC bench stood firm that altering the status of “waqf by use” E EXPLAINED Won’t make any appointments to Central Waqf Council, Boards or change character of waqfs: SG Tushar Mehta CONTINUED ON PAGE 2 In Hapur, eviction notice to Dalits in Dhankhar’s swipe at judiciary: Can’t direct PMAY homes: ‘You were told to vacate, but haven’t... standing on your ego’ President or act as Relocated by admn in 1986; notice says houses built on what used to be pond super Parliament WHY NO FIR IN BURNT CASH ROW: V-P Art 142 has become nuclear missile against democratic forces, says V-P EXPRESS NEWS SERVICE NEW DELHI, APRIL 17 INAsharpcriticismof thejudiciary, Vice President Jagdeep Dhankhar on Thursday questioned the Supreme Court’s recentdecisiontosetatimelinefor the President to take decisions on Bills. “We cannot have a situation where you direct the President of India, and on what basis?” he said. “So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because the law of the land does not apply to them,” Dhankhar said, while addressing the sixth batch of Rajya Sabha interns at the Vice-President’s Enclave. Dhankhar also questioned the lack of an FIR in the matter related to partly burnt sacks of cash being allegedly recovered Vice President Jagdeep Dhankhar on Thursday. ANI from the residence of a High Court judge in the Capital. “If the event had taken place at... (common man’s) house, the speed (of probe)wouldhavebeenanelectronic rocket. Now, it is not even a cattle cart,” he said. Underlining that the President of India is a “very elevated position”, Dhankhar said: “I never thought that in my life I would have the occasion to see this... The Presidenttakes oath to preserve, protect and defend the Constitution. This oath is taken CONTINUED ON PAGE 2 NEETIKA JHA HAPUR (UP), APRIL 17 THEPLASTICbuntingsputupfor Diwali last year still hang outside. On one of the weathered white walls is a line that reads, “Pradhan Mantri Awas Yojana (Urban)”, followed by the beneficiary’s name — “Gangaram” — and his address. In the hallway of the two-room house is the portrait of Dr BR Ambedkar in a blue suit. On April 9, 58-year-old Gangaram, who runs a small candy and chips shop at Garhmukteshwar in UP’s Hapur, received a notice from the Municipal Council, stating that his occupancy on the land is “illegal”. And so did the 40 other familiesstayingatIndraNagarin the Syana Choraha area since 1986.Of the41houseshereinall, local residents said, 40 were newly built under PMJAY, the flagshipCentralhousingscheme for the poor, from 2019. The notice, dated April 8, states that the land belongs to the government and the houses had been built on what used to Custody uncertain, a centuries-old seated skeleton awaits resting place VADNAGAR, APRIL 17 FORTHElasttwoyears,ahuman skeletonhasbeensittinginsidea fading tent on the outskirts of Vadnagar in Gujarat, waiting for officials to take a call on where its final resting place will be. Excavated in 2019, the skeleton, dated between 10th and 13th Century AD, sits crosslegged, its right hand on the lap and the left hand held up, as if PAGE 1 ANCHOR Express The cross-legged skeleton, with its right hand on the lap and left hand held up restingonastick—apositionthat has earned it the name ‘Samadhi wale Babaji’ among locals. Experts believe that the skeleton is of someone who was buried in a seated or ‘samadhi’ position — a practice prevalent “across all religions in Gujarat” during those times. The Archaeological Survey of India’s (ASI) stratigraphic study — a study of layers and deposits at a site that helps determine the ages of artifacts — estimates that CONTINUED ON PAGE 2 be a pond. It reads: “You have illegally occupied the land of the NagarPalikaandbuiltahouseon itandyoudonotwanttoremove it and therefore, it is important to initiate legal proceedings againstyou.Within15daysof receiving this notice, remove your occupancy on the land and sub- mit the land to Nagar Palika or else you will be responsible for the case against you.” Local residents say the notices have come as a shock. Gangaram’s neighbour, Prakash (70), points to a key paragraphinthenoticeissuedby CONTINUED ON PAGE 2 JNU prof sacked after ‘sexual misconduct’ complaint by official of Japanese embassy EXCAVATED IN GUJARAT’S VADNAGAR IN 2019 RITU SHARMA Gangaram (4th from left) and others show the notices at Indra Nagar in Syana Choraha area of Hapur; Kamla with her PMAY (U) certificate. Abhinav Saha VIDHEESHA KUNTAMALLA NEW DELHI, APRIL 17 THE JAWAHARLAL Nehru University (JNU) has decided to sackaprofessorfromitsSchoolof InternationalStudiesoverallegations of sexual misconduct involving a Japanese Embassy official,TheIndianExpresshaslearnt. Thedecisiontoterminatethe services of Prof Swaran Singh wastakenafterthefindingsof an investigation conducted by the university’s Internal Complaints Prof Swaran Singhof JNU’s Schoolof International Studies Committee(ICC)werepresented atJNU’sExecutiveCouncilmeeting on Wednesday. “The Japanese official had been in regular contact with the professor to coordinate conferences. She filed a complaint with the university’s ICC and submitted recordings of their conversa- tions as evidence,” a JNU official told The Indian Express. It is learnt that Singh’s dismissal comes just a year away from his retirement. TheCouncilmeetingalsotook disciplinary action against three other faculty members based on ICCrecommendations.Twowere penalised with the withholding of three annual increments each andathird,foundguiltyofalleged inappropriatebehaviourundera minor offence, was directed to undergo sensitisation training. These faculty members are affiliated with JNU’s Centre for CONTINUED ON PAGE 2 Teachers react after the SC order, in Kolkata Thursday. Express Bengal recruitment row: Top court allows ‘untainted’ teachers to stay until Dec 31 ‘Sense of relief’: CM welcomes order EXPRESS NEWS SERVICE NEW DELHI, APRIL 17 THE SUPREME Court on Thursday extended the services of “untainted” candidates employed as assistant teachers for Classes 9-12 — under the West Bengal School Service Commission’s(SSC)recruitment process in 2016 — until December 31, asking the state government to complete fresh recruitments by then. “Weareinclinedtoacceptthe prayerintheapplicationinsofar asitrelatestotheassistantteachers for classes 9 to 12, subject to the following conditions. Advertisement for fresh recruitmentshallbepublishedonorbeforeMay31,2025.Examinations and the entire recruitment process shall be completed by December31,2025,”saidabench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, allowing an application moved by the state government. The bench directed the state government and the WBSSC to “fileanaffidavitonorbeforeMay 31, 2025, inclusive therewith of theadvertisement,aswellasthe schedule so as to ensure the completion of the recruitment process by December 31, 2025.” If the advertisement is not published,andtheaffidavitisnot filed by May 31, 2025, appropriate orders will be passed by the court, including imposing costs and vacation of the order, it said. On April 3, the Supreme Court had upheld the Calcutta High Court order which invalidated the appointment of over 25,000 teachers and non-teaching staff, recruited through the 2016 WBSSC examinations, CONTINUED ON PAGE 2 Governor Bose with BJP leaders and people affected by Murshidabad violence, at Raj Bhavan on Thursday. Express Bengal Governor shrugs off Mamata’s request, to visit Murshidabad today ATRI MITRA KOLKATA, APRIL 17 DISMISSING CHIEF Minister MamataBanerjee’srequest,West Bengal Governor CV Ananda Bose has decided to visit violence-hit areas of Murshidabad on Friday morning. Raj Bhavan officials said that the Governor might leave for Murshidabad Thursday night itself. AfterreturningfromDelhion Thursday morning, Governor Bose met a delegation of BJP leaders, led by state unit chief Sukanta Majumdar at Raj Bhavan. Majumdarwasaccompanied by a group of people who allegedly had to flee their homes after last Friday’s violence duringtheprotestagainstthenewly FULL COVERAGE HC SAYS NO TO NIA PROBE: ‘CENTRE FREE TO ORDER’ PAGE 3 enacted Waqf law. After meeting the violenceaffected families, Bose told mediapersons: “I am going to Murshidabad to see for myself thegroundrealities.Iwillhavean objectiveviewof thematter.The situation has been brought under control. We should take further steps to prevent similar instances in future. I will certainly visit Murshidabad. People from the area have requested to have a BSF camp there.” CONTINUED ON PAGE 2 Boy who stood his ground: How an act of defiance shaped sedition law HIMANSHU HARSH BARAUNI (BEGUSARAI), APRIL 17 BORN IN 1913 in a wealthy zamindar family at Barauni in Bihar’sBegusaraidistrict,earlyon in his life, Kedar Nath Prasad Singh experienced more than whatmanywouldinalifetime— losthisfathertotheplaguewhen hewas10,temporarilyrelocated with his mother to his maternal uncle’s house and returned home before his marriage at the age of 12. But it was an incident when he was 14 that would perhaps shape his life and the con- tours of free speech in India. One day in 1927, on his way back from school, Kedar Nath sawafewvillagersdismantlinga rail track to disrupt the movement of British-run trains. He joined in and was subsequently arrested. Later, his brother-inlaw, a policeman, is said to have urged him to deny his involvement but the defiant teenager stood his ground. His daughter Chandrabhama, 80, says, “My father did not listen to my maternal uncle. Instead,hetoldhim,‘Whywould I lie? I did it. And I did it for my country’.” Released from jail months 75 YEARS ON AN EXPRESS SERIES RESHAPING THE REPUBLIC CASE BY LANDMARK CASE 1962 KEDARNATHSINGHVSTATEOFBIHAR THE CASE: After a challenge, SC upheld the sedition law, but restricted its application “to acts involving intention or tendency to create disorder... or incitement to violence”. RELEVANCE TODAY: Section 124A of the Indian Penal Code was effectively stayed by the Supreme Court before it was replaced by Section 152 of the Bharatiya Nyaya Sanhita. How the Kedar Nath Singh ruling will apply to the new law, if at all, remains to be seen. A plaque with Kedar Nath’s name outside a library in Barauni, Bihar. Himanshu Harsh later, Kedar Nath was accorded a hero’s welcome for standing up totheBritish.Theyoungboywas garlanded and taken around town on a horse cart. Kedar Nath would show this determination once again in his 40s — after he was charged with sedition for a fiery speech against the then Congress government in Bihar’s Munger in 1953. According to court records, Kedar Nath’s speech went thus, “TodaythedogsoftheCIDareloitering round Barauni. Many official dogs are sitting even in this meeting. The people of India droveouttheBritishersfromthis country and elected these Congress goondas to the gaddi and seated them on it. Today these Congress goondas are sitting on the gaddi due to the mistake of the people. When we drove out the Britishers, we shall strikeandturnouttheseCongress goondas as well. These official dogswillalsobeliquidatedalong with these Congress goondas.” A magistrate’s court in Monghyr (Munger) charged and convictedNathof seditionunder Section 124A of the erstwhile Indian Penal Code (IPC). The charge was upheld by the Patna High Court, which sentenced him to a rigorous imprisonment of one year. Kedar Nath then moved the Supreme Court, challenging the constitutional validity of Section 124A, a colonial law that was enacted to curb the freedom movement. The provision criminalises speech that “attempts to bring intohatredorcontempt,orexcites or attempts to excite disaffection towards, the Government”. Kedar Nath argued that the overbroadwordingof thelawviolated his right to free speech. On January 20, 1962, a fivejudge Bench of the Supreme Court upheld the sedition provision,butrestricteditsapplication CONTINUED ON PAGE 2 Kolkata