‘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 15,2024

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Iran’s Islamic Revolution Guards Corps (IRGC) has killed or captured 69 terrorists linked to the Israeli spy agency Mossad during a major counterterrorism drill in the country's southeast, its spokesman says.  

General Ahmad Shafaei, the spokesman for the “Martyrs of Security” drill, said Friday that a total of 23 terrorists have been killed and another 46 arrested in various clean-up operations ever since the IRGC Ground Force launched it in the Sistan and Baluchestan province on November 1.

Seven terrorists have also turned themselves in during the period.

“The undeniable fact about terrorists is that they rely on arrogant powers, particularly the intelligence service of the wicked and vicious Zionist regime," Shafaei said.

“Unfortunately, weapons and munitions at terrorists’ disposal are among the most sophisticated ones in the world. This accounts for their heavy dependence.” 

The official stated that several members of the disbanded terror teams were non-Iranian nationals, who had been hired by foreign intelligence agencies to carry out acts of sabotage and terror inside Iran.

In a most recent operation, six terrorists were arrested and four others were eliminated, three of whom were non-Iranians, he added. 

On October 26, ten members of Iran's law enforcement forces were killed in a terrorist attack in the Gohar Kuh district of Taftan in the Sistan and Baluchestan province.

The so-called Jaish al-Adl terrorist group claimed responsibility for the assault, which was one of the deadliest in the province in recent months.

The group has carried out numerous terrorist attacks in Iran, primarily in Sistan and Baluchestan.

Its tactics include the abduction of border guards as well as targeting civilians and police stations within the province to incite chaos and disorder.

In January, Iran launched a military operation during which the headquarters of the Pakistan-based terrorist group was targeted in missile strikes, destroying its infrastructure.

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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 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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