No SC verdict on Ram temple before 2019 polls, say lawyers

Agencies
September 21, 2018

Lucknow, Sept 21: The Ram temple issue, presently in the Supreme Court, could linger further and there is no chance of any verdict before the 2019 Lok Sabha polls, claims the lawyers involved in the case.

The current three-judge Bench headed by CJI Dipak Misra had been hearing the Ayodhya title dispute. Justice Misra is to retire on October 2 and those legally associated with the case say there is absolutely no possibility of any verdict coming in the case before that. In fact, the Bench has not entirely started with the actual hearing in the title case. 

Mr Jafarayeb Jilani, the convener of Babri Masjid Action committee and lawyer for the Muslim side in the Ram Janam Bhoomi-Babri Masjid dispute case, told UNI here on Friday that the bench concerned has so far heard and reserved its order only on an earlier ruling of the Apex court in 1994, which said, 'Mosque is not the essential requirement In Islam. Order on this was reserved on July 20 and is expected to be pronounced before Justice Mishra retires.”

Mr Jilani said, “If the bench thinks the 1994 ruling is required to be looked into, the issue will be recommended to be heard by a five-judge bench or above it. This, because the 1994 ruling of 'Mosque not being an essential requirement in Islam' was given by a five-judge bench.

He further explained that if a new bench is to be constituted, the matter will be subsequently heard by it." And if it's the other way around, even then a new bench—most likely comprising of the new Chief Justice of India—will hear it post Justice Mishra's retirement. Justice Ranjan Gogoi is set to take over as the new CJI.”

Mr Jilani feels that this 1994 observation doesn't makes any significant impact on the ongoing title suit case. However, since it's related to the Ayodhya dispute, the judgement on the ruling will certainly create a flutter.

Senior lawyer Hari Shankar Jain of the Hindu Mahasabha is more vocal in his observation. He says, “I don't see any solution coming from the Supreme Court even in the next two years. Forget about anything before the 2019 general elections.” He further says, “The actual hearing in the title suit has not yet started. First, the court will decide about the 1994 ruling. Only then will there be further progress.”

Now, amid this clarity of no verdict on the sensitive issue in the near future, the question arises about what the Narendra Modi government wishes to do.

The BJP leaders have been giving a mixed response in the matter. While BJP president Amit Shah and Prime Minister Modi have not spoken a word about the issue during their rallies and visits to Uttar Pradesh, the state’s Chief Minister Yogi Adityanath had earlier suggested that temple is not part of party's agendas for the 2019 elections. Mr Adityanath said, “Lord Rama will himself decide the date of the temple construction.”

This statement was widely read as BJP's tactical decision to not to make it an issue in the 2019 polls. However, UP's deputy CM Keshav Maurya had taken a different route. Mr Maurya had said, “We are committed about the Ram temple and the Centre will not be shy away from bringing in a legislation to pave way for the construction of Ram Temple at the disputed site in Ayodhya.”

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News Network
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 26,2024

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Mangaluru: The coastal districts of Dakshina Kannada and Udupi are witnessing a fascinating weather pattern, with chilly early mornings giving way to dry, sweltering afternoons. Over the past two days, dense fog blanketed the rural landscapes, while urban centers like Mangaluru felt the stark contrast of brisk mornings and peak afternoon heat.

The India Meteorological Department (IMD) noted that in rural areas, the morning chill caused temperatures to dip by one to two degrees Celsius below the seasonal norm, intensifying the fog. Monday saw Mangaluru recording a maximum temperature of 33.3°C and a minimum of 22.6°C, reflective of the sharp day-night variation.

While mornings painted a serene picture with mist-covered trees and a cool ambiance, the afternoons proved relentless, with temperatures soaring between 11 am and 3 pm, offering little respite. Currently, there are no signs of rainfall, with forecasts predicting the continuation of this dual weather pattern for the coming days.

Local residents have mixed feelings about this weather trend. Farmers in rural areas appreciate the cool mornings that ease early chores but express concerns over the dry afternoons, which may affect crop irrigation if the dry spell prolongs. In contrast, urban dwellers are enjoying the foggy mornings but brace for the scorching afternoons.

Meteorologists attribute the sudden chill to shifts in atmospheric pressure along the coast, a precursor to possible weather transitions in December. Whether this pattern persists or leads to unexpected changes remains to be seen, but the twin districts are clearly caught in nature's dramatic play of contrasts.

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News Network
November 18,2024

Advisors to US President-elect Donald Trump have instructed his allies and associates to refrain from using the inflammatory language they previously employed when discussing issues related to migrants and the deportation of asylum seekers, in a bid to avoid “looking like Nazis.”

US media reports said that Trump’s associates had been asked to stop using the word “camps” to describe potential facilities that would be used to accommodate migrants rounded up in deportation operations across the country.

The reports said the US president-elect’s allies had been ordered to stave off such charged terms as they would bring to mind “Nazis,” and be used against Trump.

“I have received some guidance to avoid terms, like ‘camps,’ that can be twisted and used against the president, yes,” one Trump ally told American monthly magazine Rolling Stone.

“Apparently, some people think it makes us look like Nazis.”

The presidential advisers also cautioned surrogates and allies to keep racist terms, which have dogged Trump’s campaign, out of their remarks.

They said with Trump’s heated rhetoric that used to compare undocumented immigrants to “animals” and his slight that they are “poisoning the blood of our country,” detractors did not need to reach too far to find parallels to Nazi Germany.

Stephen Miller, who Trump tapped to be his deputy chief of staff of policy, specifically used the word “camps” to describe holding facilities that he hoped the military could put together for immigrants.

Tom Homan, who served as the acting director of Immigration and Customs Enforcement and is chosen by Trump to be in charge of the US borders, was no stranger to such language.

“It’s not gonna be a mass sweep of neighborhoods,” he said in an interview earlier this week. “It’s not gonna be building concentration camps. I’ve read it all. It’s ridiculous.”

Becoming a little more forthright about the new government’s aggressive deportation plans, Homan likened the early days of the Trump administration to the initial invasion of Iraq in 2003.

“I got three words for them – shock and awe,” he said. “You’re going to see us take this country back.”

Trump made immigration a central element of his 2024 presidential campaign but unlike his first run, which was mainly focused on building a border wall, he has shifted his attention to interior enforcement and the removal of undocumented immigrants already in the United States.

People close to the US president and his aides are laying the groundwork for expanding detention facilities to fulfill his mass deportation campaign promise.

The businessman-turned-politician deported more than 1.5 million people during his first term.

The figure do not include the millions of people turned away at the border under a Covid-era policy enacted by Trump and used during most of Biden’s term.

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