Karnataka hijab row: 2-judge bench delivers split verdict; case to be placed before CJI

News Network
October 13, 2022

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New Delhi, Oct 13: The Supreme Court on Thursday pronounced a split verdict on validity of hijab ban imposed by the Karnataka government in classrooms at Pre-University Colleges.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia said since there is divergence of views, the matter would be posted before the Chief Justice of India for setting up a larger bench.

"There is divergence of opinion," Justice Gupta said at the outset while pronouncing the verdict.

Justice Gupta dismissed the batch of appeals filed against March 15 judgement of the High Court, which upheld the ban.

Justice Dhulia, however, disagreed by allowing the appeals and quashing the notification issued by the state government on February 5. He said the main thrust of his judgment is that the entire concept of essential religious practice was not essential to the dispute and the High Court took a wrong path. 

"It (wearing of hijab) is a matter of choice, nothing more and nothing less,” Justice Dhulia, adding what weighed on his mind the most was whether we are making a girl student's life better by putting such restrictions.

The top court had on September 22 reserved the judgement after 10 days of marathon hearing. 

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News Network
November 19,2024

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The Karnataka Police’s Anti-Naxal Force (ANF) achieved a major breakthrough on Monday night by eliminating Vikram Gowda, one of Karnataka’s most wanted Naxal leaders for over two decades. The encounter occurred in the dense Kabbinale forest of Udupi district, marking a significant victory against Naxal insurgency in the region.

Who Was Vikram Gowda?

Hailing from Hebri in Udupi, Vikram Gowda, 44, was a prominent figure in the Naxal movement. He went underground in 2002, initially serving as a courier and fund collector before rising to lead a breakaway Naxal group. Despite having only a fourth-grade education, he was a staunch advocate for tribal rights and a key player in the movement’s survival in Karnataka.

Bounty: ₹3 lakh from Karnataka and ₹50,000 from Kerala.

Legacy: The last major Naxal leader in Karnataka after the 2021 arrest of B G Krishnamurthy.

The Encounter

Police revealed that Gowda and his team visited Kabbinale village to collect groceries on Monday night. Acting on a tip-off, ANF ambushed the group. When the Naxals opened fire, ANF responded, leading to Gowda's death.

Escapees: Three Naxals fled, including prominent members Latha (aka Mundgaru Latha) and Raju.

Significance: This was the first Naxal casualty in Karnataka in over two decades.

Home Minister G. Parameshwara confirmed the operation, stating, “Gowda was elusive for 20 years, escaping multiple encounters. His death is a critical step in dismantling Naxal operations in the region.”

The Decline of Naxal Activity in Karnataka

Karnataka's Naxal movement has been dwindling, with members seeking refuge in Kerala and Tamil Nadu. The group’s strength had reduced to just 19 members by 2018, but recent sightings indicate attempts at revival:

2023 Activity: Reports of Gowda-led movements in the Kodagu and Hassan districts reignited concerns.

Political Heat: The BJP criticised the Congress government, alleging it created a “safe haven” for Naxals.

A Glimpse into Gowda’s Past

Personal Life: Gowda’s ex-wife, Savitri (alias Rajita), was arrested in 2021. She was a senior Naxal commander involved in insurgency since 2004.
Rehabilitation Efforts: Since 2013, Karnataka’s rehabilitation policy has seen 14 Naxals surrender and reintegrate into mainstream society.

A Milestone in Karnataka’s Fight Against Insurgency

The operation signifies a decisive blow to Naxal resurgence in the Western Ghats. While the ANF continues its search for escapees, the Karnataka government reaffirmed its commitment to offering rehabilitation to those willing to surrender.

As Karnataka celebrates this triumph, the message is clear: there is no room for insurgency in the state.

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November 29,2024

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New DelhiI: The Supreme Court on Friday asked the Sambhal Shahi Jama Masjid committee to approach the Allahabad High Court and told the district court not to act until then upon a survey ordered on a claim of the mosque having built on a pre-existing temple.

A bench of Chief Justice of India Sanjiv Khanna and Sanjay Kumar directed Uttar Pradesh to maintain peace and harmony in the area, where four protesters were killed during the heavy stone pelting. The court also ordered the survey report of the advocate commissioner's report should be kept in sealed cover.

"We don't want anything to happen in the meanwhile...Let them (Shahi Jama Masjid committee) exercise appropriate remedies. We will keep this pending," the bench said.

Advocate Vishnu Shankar Jain, appearing for plaintiff Hari Shankar Jain and others submitted the next date of hearing has been fixed for January 8 before the civil judge (senior division).

Senior advocate Huzefa Ahmadi, appearing for the petitioner committee, contended the order is capable of great public mischief. He said as of 10 such suits are pending across the country where the survey is sought to be conducted.

"We hope and trust the trial court will not take any proceedings...We have not expressed any opinion on merits," the bench said, fixing the matter for consideration in the week commencing on January 6.

In case any revision application is filed, it should be heard within three days before the High Court, the bench ordered.

At the outset, the bench said it had some reservations with the order passed by the Civil Judge (senior division) on November 19.

The court told the Uttar Pradesh government represented by Additional Solicitor General K M Nataraj that the district administration has to remain neutral and maintain peace in the area.

The court directed the plaintiff not to file any papers.

It also ordered the advocate commissioner's report should be kept in a sealed cover.

The petitioner committee questioned the validity of the survey ordered within a short period, triggering violence in the area and leading to the death of four protestors.

The plea filed by the Committee of Management, Shahi Jama Masjid, Sambhal claimed "the hot haste" in which the survey was allowed and conducted all within a day and suddenly another survey was conducted after a couple of days with a notice of barely six hours that had given rise to widespread communal tensions and threatened the secular and democratic fabric of the nation.

The survey was ordered by a civil judge (senior division) on a suit filed by advocate Hari Shankar Jain and others.

According to the plaintiffs, Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing the Shri Harihar temple.

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News Network
November 29,2024

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Mangaluru: Nearly half of Dakshina Kannada's coastline is facing significant erosion, according to a recent response in the Lok Sabha to a question raised by MP Captain Brijesh Chowta. The data, provided by the Ministry of Environment, Forest and Climate Change (MoEFCC), reveals that between 1990 and 2018, 48.4% of Dakshina Kannada's total coastline of 36.6 km has been eroded.

The written reply, issued by Kirti Vardhan Singh, Minister of State in the MoEFCC, addressed Captain Chowta's query on the impact of sea-level rise and coastal erosion, particularly in Karnataka. The MP had inquired about studies assessing the rise in sea levels and their effect on the coastal regions, as well as the government's plans to mitigate the threats posed by erosion.

While the erosion rate in Dakshina Kannada is notably high, the response highlighted that Karnataka's overall coastal situation is less alarming. Approximately 50% of the state’s coastline remains stable, with 26% undergoing accretion (growth) and 24% experiencing erosion. This data, compiled by the National Centre for Coastal Research (NCCR), is based on a study conducted from 1990 to 2018, using satellite images and field surveys.

The NCCR's findings indicate that 33.6% of the Indian coastline is affected by erosion, with 26.9% in a state of accretion, and 39.6% remaining stable. In Dakshina Kannada, erosion has impacted 17.7 km of its 36.6 km coastline. Uttara Kannada and Udupi districts are similarly affected, with erosion covering 21.6 km and 34.9 km of their respective coastlines.

In response to these concerns, the central government is actively implementing measures to combat coastal erosion and protect vulnerable communities. The Karnataka government has developed a Shoreline Management Plan in compliance with the CRZ notification of 2019. Additionally, under the Karnataka Strengthening Coastal Resilience and Economy (K-SHORE) project, supported by the World Bank, the state is working to enhance coastal protection, improve coastal infrastructure resilience, boost the livelihoods of coastal communities, and address marine plastic pollution.

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