‘Now this is going the way the Babri Masjid legal issue went’: Owaisi after Gyanvapi Masjid case order

News Network
September 13, 2022

Lucknow, Sept 13: The order of the Varanasi court allowing a petition from some Hindu women for year-long worship on the premises of Varanasi's Gyanvapi mosque should be challenged in the High Court, felt Asaduddin Owaisi, the chief of All India Majlis-e-Ittehadul Muslimeen.

"I was hoping that the court will nip these issues in the bud. Now it appears that more such litigations will be coming and this is going the way the Babri Masjid legal issue went," he said in an interview hours after the verdict.

The court of District judge AK Vishvesha ordered today that a petition of five Hindu women seeking permission to conduct rituals inside the mosque premises through the year, will be heard. The court also made it clear that plaintiffs were not asking for a conversion of the premises and their suit "is limited and confined to the right of worship as a civil right, fundamental right as well as customary and religious right".

The contention of the Muslim petitioners that it would lead to instability, has no merit, said the judge, who was specially handed the case by the Supreme Court earlier this year.  

The top court had said given the "complexity and sensitivity" of the dispute, it requires experienced handling.

Mr Owaisi, however, said the order will "set off many things".  

"Everyone will say that we have been here before 15 August 1947. Then the aim of the 1991 Places of Religious Worship Act will be defeated. The 1991 Act was made so that such conflicts end. But after today's order, it seems there will be more litigations on this issue and we will be back to the '80s and it will create a destabilising effect," Mr Owaisi said.

The Places of Worship (Special Provisions) Act 1991 maintains the religious status of any place of worship should stay the way it was on August 15, 1947. Section 3 of the Act bars the conversion of places of worship. The Babri Masjid case was the exception.  

But following the Supreme Court order allowing a temple in the disputed area in Ayodhya and giving Muslims a separate land for a mosque, a petition has been filed challenging the Constitutional validity of certain sections of the Places of Worship (Special Provisions) Act 1991.

The petition has argued that the law takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their "places of worship and pilgrimages" destroyed by invaders.

The Jamiat Ulama-i-Hind has also filed a plea contending that entertaining such petitions will open floodgates of litigation against countless mosques across India.

The Supreme Court will hear the matter on October 11.

A case is already being heard in Uttar Pradesh on the Sri Krishna Janmabhoomi-Shahi Masjid Idgah dispute.   

Several petitions have been filed in Mathura courts, seeking the shifting of the mosque. The petitioners claim that it has been built at the birthplace of Krishna, within the 13.37-acre premises of the Katra Keshav Dev temple.

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News Network
November 10,2024

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Mangaluru: A heart-wrenching tragedy unfolded in the quiet Bellayuru village on the outskirts of Mangaluru as a man’s life ended on a railway track following an apparent double murder. Authorities from the Mulki police station identified the man as Karthik Bhat, 32, whose lifeless body was discovered on the tracks with his head positioned on the rail, indicating a tragic suicide.

Nearby, police recovered keys to a scooter and a house, which eventually led them to uncover a series of chilling events. Following the trail, officers located Bhat’s scooter parked near Mahammayi Temple. Inside the vehicle, they found documents confirming his identity, including an RC, insurance papers, and his driving license.

Their search continued to Bhat's home in Pakshikere, Kemral village, where they discovered a locked room. With the keys retrieved from the tracks, police unlocked the door, only to be confronted by a horrifying sight. The bodies of Priyanka (28) and her young son Hriday (4) lay in a pool of blood, pointing to a brutal murder that occurred just hours before Bhat’s suicide.

Initial investigations suggest Bhat, beleaguered by ongoing family disputes, committed the murders of his wife and son on the evening of November 8 before tragically ending his own life. A death note found in his diary hinted at his mental state and tragic intentions.

Priyanka’s family, residing in Shivamogga, was informed of the incident. The couple, married for six years, now leaves behind grieving relatives and unanswered questions. Police have initiated formal proceedings, collecting statements from family members as they continue their investigation into the tragic sequence of events.

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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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News Network
November 17,2024

Mangaluru: District-in-Charge Minister and Minister for Health and Family Welfare, Dinesh Gundu Rao, announced that a day-care chemotherapy centre will soon be established at District Wenlock Hospital. Speaking to mediapersons after reviewing the activities at Wenlock and Government Lady Goschen Hospital, he shared the government’s plans to enhance healthcare services in the region.

Key Initiatives Announced

•    Day-Care Chemotherapy Centre:

  • Ten beds will be reserved for cancer patients.
  • The government will collaborate with Yenepoya Hospital to provide chemotherapy treatments.
  • All required facilities for the centre are already in place, awaiting inauguration by the Chief Minister.

•    Wenlock Hospital Facelift:

  • Critical Care Block: To be built at a cost of ₹24 crore.
  • Integrated Public Health (IPH) Lab: Planned with a budget of ₹1 crore.
  • New OPD Block: As per a 2017 agreement, KMC Hospital will take up construction. Discussions with KMC management are underway.

•    Additional Requirements:

  • A new mortuary and post-mortem building.
  • Paramedical college building.
  • Modern kitchen.
  • Bridge connecting two buildings within the hospital.

•    Total facelift cost: ₹6 crore to ₹10 crore, utilizing funds from the Department of Health and Family Welfare and CSR contributions.

•    Timeline:
By December or January, priority works will be finalized. The superintendents of Wenlock and Lady Goschen Hospitals are scheduled to visit Bengaluru next week to discuss these projects.

•    MRI Fee Allegations:
The minister assured that allegations of patients being charged for MRI scans at Wenlock Hospital will be resolved at the earliest.
These measures aim to improve healthcare accessibility and infrastructure, positioning Wenlock Hospital as a state-of-the-art facility in the region.

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