J&K not 'one of its kind'; Punjab, Northeast faced similar situation: SC to Centre during Article 370 hearing

News Network
August 30, 2023

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New Delhi, Aug 30: Jammu and Kashmir is not one-of-a-kind and Punjab and the Northeast have faced similar situations, the Supreme Court pointed out yesterday, questioning the need for bifurcation of the border state in August 2019. 

Chief Justice of India DY Chandrachud also questioned how to ensure that the power to bifurcate a state will not be "misused" once it is conceded to the Central government -- a point that led to a discussion on why the question of bifurcation could not have been settled by parliament.

During Day 12 of the hearing of a bunch of petitions challenging the scrapping of Article 370, the Centre had argued that Jammu and Kashmir was one of a kind.

"If Gujarat or Madhya Pradesh were to be bifurcated, then parameters would be different," said Solicitor General Tushar Mehta.

Justice SK Kaul, who was part of the five-judge constitutional bench led by Justice Chandrachud, pointed out that the country has many states with borders.

When Mr Mehta responded that all the neighbouring countries are "not friendly" and there is a need to mainstream Jammu and Kashmir in view of its history and current situation -- "stone pelting, strikes, deaths and terror attacks" -- the Chief Justice weighed in.

"Once you concede that power to the Union in relation to every Indian state, how do you ensure that the kind of abuse they apprehended -- this power will not be misused?" he said.

"It is not one of a kind situation," added Justice Kaul. "We have seen the northern border Punjab -- very difficult times. Similarly, some states in the northeast... Tomorrow if there is a scenario that each of these states face this problem...," he added.

"Does parliament have the power to convert an existing Indian state into a Union Territory?" questioned Chief Justice Chandrachud.

The court also said that even if the role of the Constituent Assembly only had a recommendatory role regarding Article 370 -- which gave Jammu and Kashmir its special status - that does not mean it can be overridden by the President of India. In an earlier hearing, the court had said the government will have to justify procedure it adopted to scrap the Article 370, as it could not assume that "end justifies the means".

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News Network
October 26,2024

Bengaluru: Amid protests by farmers in Vijayapura who have been served notices by the Karnataka Board of Waqfs to vacate the land their ancestors had allegedly encroached, Karnataka Home Minister G Parameshwara on Saturday said the state government will review the situation. 

Speaking to reporters here, he said, "We will review it. The state government and the revenue department will review it. A decision will be taken based on old records." When asked that the Waqf Board had set a deadline to vacate the land, the minister said that is not a problem.

Meanwhile, in the district headquarter town of Vijayapura in North Karnataka bordering Maharashtra, the farmers staged a demonstration at the Deputy Commissioner’s office.

Holding the land records and registered land deeds, the farmers alleged that they were served notice soon after Housing and Waqf Minister B Z Zameer Ahmed Khan visited Vijayapura and directed the Deputy Commissioner to serve notices to the farmers who were sitting on Waqf land.

Farmer leaders alleged that without bringing the matter to their notice, the land records of farmers in Tenahalli village in Indi Taluk and Honvada village in Tikota Taluk were changed and made in favour of Waqf.

Bengaluru South BJP MP Tejasvi Surya on Friday said the Karnataka State Board of Waqfs has claimed its ownership over 1,500 acres of ancestral land of farmers in Honvada village.

Surya, who is also Bharatiya Janata Yuva Morcha president, said the farmers of Honvada village in Tikota Taluk were served notices declaring their lands as Waqf property "with no evidence or explanation provided".

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News Network
October 18,2024

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Hamas leader Yahya Sinwar has been martyred in an Israeli airstrike in Gaza's Rafah city, a senior Hamas official confirmed.

Khalil Hayya, head of Hamas in Gaza, delivered a statement on Friday, a day after reports of Sinwar's martyrdom. 

"We mourn the great national leader, the Mujahid Martyr Brother Yahya Al-Sinwar (Abu Ibrahim), Head of the Political Bureau of the Islamic Resistance Movement (Hamas) and Commander of Al-Aqsa Storm Operation," he said.

He remembered Sinwar as "one of the noblest and bravest men, a man who dedicated his life to Palestine and gave his soul for the sake of Allah on the path to its liberation."

"He rose as a heroic martyr, advancing and never retreating, wielding his weapon, engaging and confronting the occupation army at the frontlines. He moved between all combat positions, steadfast and stationed on the honored land of Gaza, defending the land of Palestine and its holy sites, inspiring the spirit of endurance, patience, steadfastness, and resistance."

Referring to the history of Sinwar's struggle against the Israeli regime, Hayya noted that the fallen leader "attained the highest rank and the noblest medal, ascending as a witness and a martyr, content with the jihad and sacrifice he offered."

Naming a host of other resistance leaders assassinated by the Israeli regime in the past years, the Hamas official noted that "these sacrifices will continue to illuminate our path and drive us to more resilience and steadfastness."

"Hamas remains committed to the promise of its founding leaders and martyrs until the aspirations of our people are fully realized: the complete liberation and return, and the establishment of the Palestinian state on the entire national soil with Al-Quds as its capital, by Allah’s will," he said, adding, "This will become a curse upon the invading occupiers who are strangers to this land."

He underlined that the martyrdom of leaders "only strengthens Hamas and our resistance, making us more determined and steadfast in following their path, honoring their blood and sacrifices."

He highlighted that Israeli captives held in Gaza "will not return except with the cessation of aggression on Gaza, its withdrawal, and the release of our heroic prisoners from the occupation’s jails."

The charismatic leader of the Palestinian resistance movement had escaped many assassination attempts before and after Operation Al-Aqsa Flood on Oct. 7, 2023.

Sinwar, 62, played an instrumental role in coordinating and supervising the landmark operation that jolted the Zionist regime. 

Before becoming the Hamas leader in Gaza in 2017, Sinwar spent 22 years in an Israeli prison. He was released as part of a prisoner swap in 2011.

“Hamas will never abandon the path of resistance… Our resistance will continue until the liberation of all of Palestine,” he declared during a speech in Gaza in late October 2017.

Sinwar had been chosen as the overall Hamas leader after Israel assassinated Ismail Haniyeh in July.

Haniyeh was assassinated in Tehran, where he was to attend the inauguration ceremony of new Iranian President Masoud Pezeshkian.

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News Network
October 25,2024

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A recent survey has exposed a troubling rise in anti-Muslim racism across Europe, fueled by heightened conflicts in West Asia and Europe’s increasingly hostile climate for Muslims. The EU Agency for Fundamental Rights (FRA) revealed on Thursday that nearly half of European Muslims faced discrimination in the past five years, with the situation worsening notably over the last year as violence flared in Gaza.

Nicole Romain, a spokeswoman for FRA, confirmed reports of intensified anti-Muslim hate across several EU countries. "Even before the current escalation, it was already becoming increasingly challenging to live as a Muslim in the EU," she said, pointing to dehumanizing rhetoric and profiling practices that target Muslims based on religion, ethnicity, and even physical appearance.

The survey, conducted prior to Israel’s large-scale assault on Gaza, included data from over 9,600 Muslims across more than a dozen EU nations between October 2021 and October 2022. The results highlighted Austria as having the highest rate of discrimination against Muslims at 71 percent, followed closely by Germany (68 percent) and Finland (63 percent). France, home to Europe’s second-largest Muslim population, reported a rate of 39 percent.

Women and children are disproportionately affected, particularly those wearing religious attire such as the hijab. FRA's report sheds light on the pervasive racial profiling Muslims face, from random police checks to discrimination in employment despite high qualifications. Director Sirpa Rautio warned that as conflicts continue to escalate, the impact on Muslims in Europe is likely to worsen, compounding challenges for the EU’s 26 million-strong Muslim population, which makes up more than 5 percent of the bloc's residents.

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