Out of court settlement: Shia board proposes temple in Babri land; mosque in Lucknow

Agencies
November 20, 2017

Lucknow, Nov 20: Uttar Pradesh Shia Waqf Board today proposed relinquishing its right over the disputed land in Ayodhya, and building a 'masjid-e-aman" in Lucknow to resolve the Ram janmabhoomi-Babri masjid tangle, a move rejected by the Muslim protagonists involved in the protracted legal feud.

The board, which is the 'mutawalli' (caretaker) of the Babri Mosque, has proposed giving up its right over the land in Ayodhya, and a draft for resolving the issue, prepared by the Shia Waqf Board, has been submitted in the Supreme Court on November 18, its chairman Wasim Rizvi told reporters here.

Claiming that the formula for resolving the matter proposed by the Shia Waqf Board was the best, Rizvi said it is of the view that instead of Ayodhya, a 'masjid-e-aman' (the mosque of peace) be constructed in Lucknow's Hussainabad area.

The Board, he said, has requested the government to provide a one acre plot for it.

The proposal, however, did not go down well with the All India Muslim Personal Law Board (AIMPLB).

"On whose behalf has he brought this draft proposal? He (Rizvi) does not enjoy the confidence or recognition of either the Sunni sect or the Shia sect," AIMPLB counsel in the case and its senior member Zafaryab Jilani said.

Jilani, who is also the convenor of Babri Masjid Action committee, referred to some legal shortcomings in the draft proposal.

"The Shia Board has no authority over the disputed land as the Allahabad High Court, in 2010, had ruled a three-way division of the disputed 2.77-acre area at Ayodhya among Sunni Waqf Board, Nirmohi Akhara and Lord Ram Lalla...the Shia board has no right over any part of the land," he said.

Moreover, Jilani said since the Shia Waqf Board did not appeal against the high court's decision, it meant that the ruling, which was binding on all till the Supreme Court announced its judgement, was acceptable to them.

Rizvi, however, rejected the claim of UP Sunni Central Waqf Board over the disputed site, saying that the Allahabd High court had given the land to Muslims and not to Sunni Waqf Board.

Chairman of the UP Sunni Central Waqf Board Zafar Farooqui said any claim can be accepted or rejected only by the court "...our involvement has been since 1961 and it is being rejected by the Shia Board now...he (Rizvi) does not have the authority to do so..."

Rizvi, he said, has been chairman of the board since 2006-07, and could have spoken on the subject even when the case was being heard by the Lucknow bench, which came up with its verdict in 2010, or in the Supreme Court where the hearing is going on for the last seven years.

"It is absurd. He has been silent on it ever since and has become active only now. The case is going on in the highest court of the country. Whatever he has to say, he should do it in the court. What's the relevance of releasing his formula to the media?" he said.

Jilani alleged that Rizvi was "working overtime to please certain forces in order to serve his personal motives".

Rizvi, who addressed the press conference along with Mahant Narendra Giri, chairman of the All India Akhara Parishad, alleged that the Shia Board's views on the matter were never put forward in a forceful manner because the lawyers deployed for the purpose were "fake".

Referring to the criticism of his recent actions, Rizvi said it was because the board was never given any court copy and that it was not aware that lawyers were pleading on its behalf.

It was only on March 21, 2017, when the apex court said that talks could be initiated for mutual agreement to end the dispute that the Shia Waqf Board looked into the files in detail only to find that though it is a party in the case it never gave 'wakalatnama' to the counsel appearing on its behalf, Rizvi said.

"It is a matter of probe that the case is being pursued by overlooking the actual claimant which is the Shia Board...I have requested the central and state governments to get it enquired as to who had fielded the lawyers on our behalf," he said.

On Rizvi's allegations regarding fake counsel, Jilani said that it should be probed by the Shia board itself.

Jilani, however, said that he had never seen any counsel pleading on behalf of the Shia Board in the court.

On the role of AIMPLB, Rizvi said it (board) should have come forward for a dialogue but since it did not take the initiative, Shia board had to come forward.

Giri said a Ram temple in Ayodhya will be constructed and that an amicable settlement should be reached on the issue by talking to all the parties concerned.

Comments

Fairman
 - 
Tuesday, 21 Nov 2017

Anti Nationals / Terrorist following the devide and rule (same as British done before the Independence) with Sunni Muslims and Shia people for their benefits by giving money one way or other.  But these (Shia) absent minded people is folowing this because of Publicity. 

Mohammed SS
 - 
Tuesday, 21 Nov 2017

First of all Shias are not Muslims they can worship Ram as well, and they can perform their prayer in Ram Mandhir also, they dont have any right to interfere in this issue. This land belongs to Sunni waqf board and it will remain forever to build Mosque or to keep the land vacant it is Sunni Waqf bord choice and Shias nothing to do with this it is  Shia hated world wide and they will became rare to see very soon. 

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News Network
November 18,2024

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Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

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News Network
November 25,2024

Udupi: Six junior artists from the prequel of Kannada blockbuster film ‘Kantara’ were injured, when the bus they were travelling in overturned in the district, police said on Monday.

According to police, the accident occurred near Jadkal on Sunday night when the mini-bus carrying the crew of the film overturned.

“The incident happened while they were returning to Kollur after completing the shoot at Mudoor in Jadkal. The mini-bus was carrying 20 junior artistes when it met with the accident,” a police officer said.

The injured were rushed to hospitals in Jadkal and Kundapur for treatment, they said.

The Kollur police are investigating the matter.

"The news making rounds is completely false. The Kantara: Chapter 1 team began shooting at 06:00 AM today, and everything is proceeding as normal. A minor accident occurred 20 kilometres away from the shooting location, involving a local bus carrying some members of the Kantara team. However, no injuries were reported," a source close to the production said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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