‘Not warranted’: SC stays Allahabad HC controversial order against UP madrasas impacting lakhs

News Network
April 5, 2024

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New Delhi, Apr 5: In a big relief to about 17 lakh madrassa students in Uttar Pradesh, the Supreme Court today paused an Allahabad High Court order scrapping the UP Board of Madarsa Education Act, 2004. This allows about 16,000 madrasas in the state to continue functioning under the 2004 law.

A bench led by Chief Justice of India DY Chandrachud said that the high court decision was prima facie not correct and issued notices to the UP and central governments, and the Madrassa board.

The high court had last month declared the 2004 law "unconstitutional" for allegedly violating the principle of secularism and directed the government to accommodate the madrasa students in the formal education system.

The Supreme Court put it on hold on Friday, saying that the aims and objectives of the Madrassa Board are regulatory in nature and that the establishment of the board itself will not affect secularism.

"The high court, in striking down the provisions of the Act, directed the relocation of the students. This would affect the 17 lakh students. We are of the view that the direction of relocation of students to other schools was not warranted," said the Chief Justice.

If the purpose of the PIL is to ensure that madrassas provide secular education in core subjects such as mathematics, science, history, and languages, the solution would not be to repeal the provisions of the Madarsa Act 2004, he added.

The central and state governments backed the high court judgment in the Supreme Court, with the centre saying suspected entanglement of religion and other relevant issues must be debated.

Senior advocate Abhishek Manu Singhvi, representing the madrassas, said religious education cannot mean religious instruction and that the high court order will leave 10,000 madrassa teachers and 17 lakh students in lurch. But the state government said it has made arrangements for the teachers and students.

Mr Singhvi argued it is wrong to say madrassa education doesn't have quality, isn't universal in nature, and is not broad-based. Singling out the madrassas for a ban is discriminatory and the Supreme Court had said so in the Aruna Roy vs Union of India, 2002 verdict, he pointed out.

The Chief Justice said that the issues that have been raised merit closer reflection and posted the matter for further hearing in the second week of July.

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News Network
December 16,2024

The Supreme Court on Monday while hearing a petition against the stand of Karnataka High Court's view that shouting 'Jai Sriram' inside a mosque was not an offence, sought the stand of the State of Karnataka in the matter.

A bench of Justices Pankaj Mithal and Sandeep Mehta was hearing the matter.

"Alright, they were shouting a particular religious slogan. How is that an offence?" Justice Mehta asked, as bench posted the matter for January 2025.

The bench asked if the accused persons had been identified. Kamat replied that CCT visuals had been collected and the police identified the accused persons, as recorded in the remand report. The bench asked if merely spotting the accused near the mosque would mean that they shouted the slogans.

"Are you able to identify the actual accused? What material you have brought?" the Court asked. Kamat clarified that he was only representing the complainant (caretaker of the mosque) and it is for the police to conduct the investigation and collect the evidence. The FIR need only give information about the offence and need not be an 'encyclopedia' containing all evidence, he added.

This comes after a petition was filed in the Supreme Court questioning the Karnataka High Court's order of September 13, 2024 which quashed an FIR lodged against two men for raising the 'Jai Shri Ram' slogan within mosque premises.

The high court's single judge bench of Justice M Nagaprasanna had said, "It is ununderstandable as to how if someone shouts 'Jai Shri Ram' it would outrage the religious feeling of any class, when the complainant himself states that Hindu - Muslims are living in harmony in the area".

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News Network
December 25,2024

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Bengaluru: Police Inspector of Khanapur station has been suspended for dereliction of duty by allegedly letting in political leaders and others inside the station while BJP MLC C T Ravi was in custody in connection with a case registered against him, officials said on Wednesday.

The suspension order was issued by the office of Inspector General of Police, North Zone, Belagavi on December 21, they said.

On December 19, Ravi was arrested by the police from the premises of Suvarna Vidhana Soudha in Belagavi for allegedly using a derogatory word against Minister Laxmi Hebbalkar in the legislative council hall.

According to the official order, when C T Ravi was taken to Khanapura police station for safety reasons, Police Inspector Manjunath Nayak, who was in-charge of the station, was told to use the staff and assign suitable duties to them.

It was also ordered to block the entry of any person other than the accused inside the police station. However, many political leaders and mediapersons stormed inside the police station. This created a noisy atmosphere inside the station, it stated.

The order further stated that as a responsible police inspector grade officer, Nayak failed to prevent several political leaders from entering Khanapur Police station, thus creating a tumultuous atmosphere.

He violated the order of superiors, showed negligence and carelessness while performing duty. Therefore, a departmental inquiry was initiated and Nayak was suspended from service with immediate effect for dereliction of duty, the order stated.

According to a police statement issued on Wednesday, after registration of case under section 75 (sexual harassment) and 79 (word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita in Hirebagewadi police station here, Ravi was taken into custody and handed over to the investigating officers.

However, Ravi was shifted to Khanapura police station considering the security aspect and the huge crowd gathered near Hirebagewadi police station.

"A large number of mediapersons, supporters and party workers gathered and created a chaotic atmosphere in Khanapura police station. There was also the possibility of additional supporters and Congress workers arriving. All these factors also had the potential to disrupt public order," the police stated.

Keeping in mind Ravi's safety, he was shifted to Ramadurga, it said.

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News Network
December 17,2024

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US and British warplanes have carried out fresh airstrikes on the Yemeni capital Sana'a and other regions, intensifying attacks as Yemeni Armed Forces continue their anti-Israeli operations in support of the Palestinians in the Gaza Strip amid the regime’s genocide.

Yemen’s al-Masirah television network reported that US and British aircraft targeted the premises of the Yemeni Defense Ministry in the the Assafi'yah district of Sana’a early on Tuesday.

Local sources heard loud explosions echoing from the site of the strikes. 

The report, however, did not provide any details regarding potential casualties or damage.

For his part, the Yemeni information minister vehemently denounced the latest US and British airstrikes against Sana’a, stating that the act of aggression “falls within the framework of attempts to diminish the Yemeni nation’s will to support Palestinian people.”

Hashem Sharaf al-Din underscored that enemies are unable to undermine Yemen’s military capabilities, as its government and nation are standing firm in the face of their vicious and terrorist attacks.

This came hours after the spokesman for the Yemeni Armed Forces announced in a statement that the country’s missile units had carried out a military operation against an Israeli military target in Tel Aviv, using a hypersonic Palestine 2 ballistic missile

Brigadier General Yahya Saree noted that the missile strike was in support of the Palestinians in the Gaza Strip, and successfully achieved its desired objectives.

The Yemeni Armed Forces will continue their operations, and will strike all Israeli facilities within the occupied territories, Saree pointed out, adding that such strikes will not stop unless the ongoing aggression on Gaza ends and the siege is completely lifted.

Early on Monday, American and British warplanes conducted a joint airstrike on targets at the Midi district in Yemen’s northern province of Hajjah.

US and British military aircraft also targeted a number of locations in the At Tuhayta district of the strategic western province of Hudaydah. Details on potential human or material losses from the strikes were not quickly disclosed.

Yemenis have declared their open support for Palestine’s struggle against the Israeli occupation since the regime launched a devastating war on Gaza on October 7, 2023, after the territory’s resistance movements carried out Operation Al-Aqsa Flood against the occupying entity.

The Yemeni armed forces have said they will not stop their attacks as long as Israel continues its ground and aerial offensives in Gaza.

So far, Israel has killed at least 45,028 Palestinians, mostly women and children, and injured 106,962 others in Gaza.

In October, the US military unleashed B-2 stealth bombers to bomb Yemen in support of Israel. Since then, attacks against Yemen have continued in a bid to halt the retaliatory attacks by Sana'a. 

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