THURSDAY 17 APRIL, 2025 epaper.morningstandard.in facebook.com/TheMorningStandard X.com/TheMornStandard UK top court holds definition of ‘woman’ based on sex at birth FEDERAL FUNDING HARVARD IS A JOKE, SAYS TRUMP US Prez said Harvard should lose its govt research contracts after the univ refused to accept demands to come under outside political supervision. PAGE 9 A CAPITAL VIEW OF NEWS  NEW DELHI  J8.00  Britain’s Supreme Court on Wednesday ruled that the legal definition of a “woman” is based on a person’s sex at birth, a landmark decision with far-reaching implications for the debate over trans rights. In a win for Scottish gender-critical campaigners who brought the case to the UK’s highest court, five judges unanimously ruled that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman, and biological sex” | P9 PAGES 12 Interim SC order curbing parts of Waqf Act likely 3-judge bench led by the CJI gives the govt additional day to present its case S U C H I T R A K A LYA N M O H A N T Y @ New Delhi FAMILY SOLIDARITY Priyanka Gandhi Vadra with husband Robert Vadra ahead of his appearance before the ED for the second straight day for questioning over a land deal | PTI | P7 Guv sends Muslim quota bill in govt contracts to Prez E X P R E SS N E WS S E R V I C E @ Bengaluru WITH the opposition protesting against the Karnataka Transparency in Public Procurement (KTPP) Amendment Bill, which provides 4% reservation for Muslim contractors in government tenders, Governor Thaawarchand Gehlot has reserved the bill for consideration and assent of the President of India, citing the Supreme Court’s judgments and stating, “Reservation cannot be on the basis of religion.’’ The KTPP Amendment Bill was passed in both Houses of Karnataka last month. The governor in his communication to the state government said that the bill seeks an amendment to increase the limit of the tender amount from `1 crore to `2 crore, “and to make provision for 4% reservation to be tendered only among the tenderers belonging to the Backward Classes as specified in Category-II(B)”. The governor said that as per the state government order in 1994, 4% reservation for category-II(B) has been provided in education and jobs. As per the governor’s communication to the government, only the Muslim community was included in category-II(B) and it has been considered as backward class. While “Category-I consists of 95 castes, Category-IIA consists of 102 castes, Category-III(A) consists of three castes, Category-III(B) consists of six castes, out of all these categories only category-II(B) consists only one caste i.e Muslim,” the communication states. It also states that since it includes only Muslims, it may be construed as reservation for the religion. The governor said that the government had withdrawn the 4% reservation under category II (B) in March 2023 and it was challenged in the Supreme Court. The SC stayed the 2023 order and the case is pending for adjudication. “In this scenario, I am of the opinion that instead of giving assent to the proposed bill, I would deem fit to reserve this bill for the kind consideration of the Hon’ble President (of India) to avoid more Constitutional complications,” he stated. THE Supreme Court on Wednesday stopped short of passing interim orders restricting certain sections of the controversial Waqf (Amendment) Act from coming into play giv, ing the government a day more to present its case in detail. A three-judge bench led by the Chief Justice of India Sanjiv Khanna said it will pass interim orders on Thursday on various aspects, including the contentious “waqf by user” issue. The court said normally it does not pass interim orders, but would make an exception in the present case. “Properties declared by courts as waqfs should not be de-notified, whether they are by waqf-by-user or deed waqf,” the bench said. The petitioners claimed that the Act tramples several fundamental rights, including the right to equality and the right to pursue religious practices and others. The bench asked Solicitor General Tushar Mehta how ‘waqf by user’ can be disallowed as many will not have the requisite documents to get them registered. ‘Waqf by user’ refers to those properties that are deemed as waqf based solely on prolonged use for religious purposes. Referring to the provision under the new Act to de-notify properties declared as waqf long ago, the CJI pointed out that the government cannot rewrite the history through changes brought in by the amendments to the waqf law. “When a public trust is declared to be a waqf 100 or 200 years ago, suddenly you say it is being taken over by the Waqf Board and declared otherwise,” the CJI said. The bench, also comprising justices Sanjay Kumar and K V Viswanathan, said it will also pass orders on a proviso of the Act, which states that a waqf property will not be treated as waqf when an inquiry by a Collector on whether it is a government land is under process. It will also address the issue of religious composition of the members of the Waqf Boards and the Central Waqf Council. The judges asked the law of ficer whether Muslims would be allowed to be part of Hindu religious trusts. “Are you saying that from now on, you will allow Muslims to be part of the Hindu endowment boards?” the court asked. The court said that under the Act, only eight out of 22 members of the Waqf Council would be Muslims. But Mehta said not more than two non-Muslim members, apart from ex-officio ones, would be included in the Waqf Council. He offered to state it in an affidavit. There was brief tension when Mehta appeared to question the neutrality of the allHindu judicial bench. “When we sit here, we shed our personal identities. For us, all parties are equal before the law. That comparison is entirely misplaced,” the bench said. EXCEPTION IN THE PRESENT CASE, SAYS CJI “Ordinarily, courts do not interfere at the admission stage when a law is passed. But this case may warrant an exception. If a property declared as waqf by user is denotified, it can have grave ramifications,” Chief Justice of India Sanjiv Khanna said VIOLENCE IN PROTESTS VERY DISTURBING CJI Sanjiv Khanna expressed serious concern over widespread violence during protests against the Act in West Bengal. “One thing is very disturbing is the violence that is taking place. If the matter is pending here it should not happen,” the CJI said BENCH’S KEY POSERS How can waqf-by-user properties, existing for many centuries, be asked to register? Will majority of the members of the Central Waqf Council and the State Waqf Boards be Muslims? How can the Act override the court’s judgments which declare properties to be waqf? INTERIM ARRANGEMENT CHOICE OF ACTING HEAD OUT OF SYNC WITH THE UGC ACT S H E K H A R S I N G H @ New Delhi A recent decision by the Union Ministry of Education to appoint the Secretary of Higher Education, Dr Vineet Joshi, as the acting Chairman of the University Grants Commission (UGC), has stirred controversy with legal experts and insiders flagging a , potential violation of the UGC Act. The order, dated April 11, reads: “Dr Vineet Joshi, Secretary Department of Higher Education, Min, istry of Education is hereby entrusted the additional charge of the post of Chairman, UGC till the appointment of a regular Chairman, UGC or till he ceases to be Member, UGC or until further orders, whichever is the earliest.” However, the order isn’t aligned with provisions in Chapter II of the UGC Act. Section 5(2) of the UGC Act Dr Vineet Joshi says upfront, “The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government.” Besides, as per Section 6 (3) of the same chapter, the UGC vice-chairman shall officiate as chairman in the event of a casual vacancy . However, informed sources in the government said, “It is purely an interim arrangement, which didn’t arise out of a casual vacancy Therefore, the . question of any other UGC official or vice-chairman taking charge doesn’t arise. The process of appointment of UGC chairman will follow in CONTINUED ON P7 due course.” 245% Federal Reserve chair Jerome Powell says Trump’s tariffs put the central bank in a situation it hasn’t seen in decades US tariffs will weaken credit conditions and raise defaults risks, says Moody’s | P9 HC notice to Pinarayi, daughter in CMRL case E X P R E S S N E W S S E R V I C E @ Kochi THE Kerala High Court on Wednesday directed the Centre to submit the names of individuals listed in the Interim Board for Settlement of Income Tax report relating to alleged financial fraud by Cochin Minerals and Rutile Ltd (CMRL) and issued notices to 19 respondents, including Chief Minister Pinarayi Vijayan and his daughter Veena Thaikkandiyil, to hear their side of the matter. The directive was issued while the court was considering a petition seeking a CBI investigation into the CMRL payoff case. The petition, filed by M R Ajayan, argued that a CBI probe was necessary to uncover the full extent of funds allegedly distributed by CMRL to various individuals. The matter was heard by a division bench comprising Justices Amit Rawal and P M Manoj. The petitioner’s counsel submitted that the Interim Board for Settlement of Income Tax had mentioned the names of several individuals who had received money from CMRL, and that only a central agency like the CBI was equipped to carry out an impartial and detailed investigation. The petition also sought an inquiry into the election affidavits filed by Pinarayi during the 2016 and 2021 assembly polls, in light of his daughter being named a respondent following a probe by the Serious Fraud Investigation Office (SFIO). Responding to the court’s query, Additional Solicitor General ARL Sundaresan said that an investigation had already been conducted by the SFIO, and a chargesheet was filed before the Ernakulam Additional Sessions Court. He also noted that a single bench of the HC had earlier ordered status quo on further proceedings, including the issuance of notices to the accused. The matter will be taken up for further hearing on May 27. ATM-ON-WHEELS Running out of money on train, rlys set to launch onboard ATM facility R A J E S H K U M A R T H A K U R @ New Delhi PANCHVATI EXPRESS Installed ATM on Panchvati-CSMT Exp, which operates between Manmad and Chhatrapati Shivaji Maharaj Terminus (CSMT) in Maharashtra Central Railway partners with Bank of Maharashtra to install ATM in an AC chair car coach ATM at the rear end of the coach, at a space previously used as makeshift pantry Shutter door to ensure privacy CCTV cameras installed in and around the ATM area PASSENGERS may shortly be able to withdraw cash from ATMs inside running trains. Indian Railways is experimenting with the idea, having installed an ATM on the Panchvati-CSMT Express between Manmad and Chhatrapati Shivaji Maharaj Terminus in Maharashtra. The effort at boosting non-fare revenue has seen Central Railway partnering with the Bank of Maharashtra to install the ATM in an airconditioned chair car coach of the daily express service. Operating between CSMT and Manmad in Nashik district, the Panchvati Exp is a preferred service for daily commuters. The trial of the ‘ATM-onwheels’ service began on April 10. The railways has received positive feedback from the pas- sengers who used the facility . A senior railway official said on Wednesday, “We will follow the successful services of ATM installed now for other passengers trains shortly and later for premium long-distance express trains also.” The ATM sits within a cubicle located at the rear end of the coach, in a space previously used as a makeshift pantry A shutter door ensures safe. ty and accessibility during the train’s journey CCTV cameras . in and around the ATM area monitor passenger movement and ensure security for onboard cash withdrawals. When the train reaches its destination, the ATM would remain under round-the-clock surveillance, and the coach hosting the ATM would be locked with a digital locking system, officials said. SUPER SHOW Wicketkeeper-batsman KL Rahul steers Delhi Capitals to victory by scoring 7 runs in 3 balls during the first Super Over of this IPL season. Delhi Capitals beat Rajasthan Royals in a nail-biter at Arun Jaitley Stadium on Wednesday | PTI | P11 EXPRESS READ Staines’ murder convict released from prison Medanta sexual assault accused yet to identified EPS says Shah did not talk about coalition govt Mahendra Hembram, an aide of Dara Singh and co-convict in the killing of Australian missionary Graham Staines and his two minor sons in 1999, has got early release from jail. He was awarded life imprisonment. | P5 The man involved in the alleged sexual assault on a flight attendant who was on ventilator in Medanta Hospital is yet be identified. Cops are examining the the CCTV footage of the hospital to identify the accused. | P4 AIADMK general secretary Edappadi K Palaniswami said Amit Shah didn’t say anything on the coalition government after Assembly polls. “You are trying to play tricks by misinterpreting it,” he told reporters. | P5 Tariffs possible on China, up from 145% due to its retaliatory actions, a White House fact sheet issued on Tuesday said CJI Khanna recommends Justice Gavai as successor S U C H I T R A K A LYA N M O H A N T Y @ New Delhi THE Chief Justice of India Sanjiv Khanna on Wednesday sent a proposal to the Union law ministry recommending Justice B R Gavai as his successor. Khanna is set to retire on May 13. Gavai is currently the second-most senior judge of the court. He will become the 52nd CJI and will hold the post for six months before he retires on November 23. Justice Gavai joined the Bar in 1985. He was elevated as an additional judge of the Bomb ay H i g h Court in November 2003. He became a Justice B R Gavai per manent judge in November 2005. He joined the Supreme Court on May 24, 2019 and has been part of several important verdicts. In December 2023, a fivejudge Constitution bench including Gavai unanimously upheld the Centre’s decision to abrogate provisions of Article 370 that gave special status to Jammu and Kashmir. He was also part of the Constitution bench, which annulled the electoral bonds scheme for political funding. Gavai will be the second Dalit judge to become the CJI after Justice K G Balakrishnan was elevated to the post in 2007.