Plea filed in Mathura court for removal of yet another Mughal era mosque

News Network
September 15, 2022

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Mathura, Sept 15: A fresh petition has been filed at a court in Uttar Pradesh’s Mathura seeking removal of yet another mosque, the Mina Masjid, belonging to the Mughal era.

The petitioner has claimed that the mosque was built on a part of the Thakur Keshav Dev Ji temple, on the east side of the so called Sri Krishna Janmabhoomi complex.

The suit has been filed by Dinesh Sharma, national treasurer of Akhil Bharat Hindu Mahasabha (ABHM), as a devotee of Lord Krishna and as his 'Vaad Mitra' (friend of the suit).

The suit has been registered in the court of civil judge (senior division) Mathura, Jyoti Singh.

Several petitions have already been filed in various Mathura courts, seeking the shifting of another important mosque, the Shahi Masjid Idgah, from the complex, with petitioners maintaining that it has been built at the 'birthplace of Lord Krishna' within the core 13.37-acre premises of the temple.

In the fresh petition, Sharma, claimed to be a devout follower of Thakur Keshav Dev Ji Maharaj (another name of Lord Krishna), who is 'petitioner number 1' in the case.

Sharma had earlier filed a case seeking removal of the Shahi Masjid Idgah adjacent to Sri Krishna Janmabhoomi.

"The basic purpose of the suit is to protect the property of Thakur Keshav Dev Ji Maharaj who owns land measuring 13.37 acre in Mathura city on which Sri Krishna Janmabhoomi is located. We have now sought removal of the construction raised in the name of Mina Masjid near Vrindavan railway line at Deeg gate on land owned by the deity."

The respondents of the new suit are president/chairman Uttar Pradesh Sunni Central Waqf Board, Lucknow, and secretary, Intezamia Committee, Mina Masjid (Deeg Gate), Mathura.

The court has fixed October 26 for hearing the case, said Deepak Sharma, the petitioner's counsel.

In almost a dozen cases in Mathura, petitioners appearing on behalf of Shri Krishna Janmabhoomi have challenged the settlement dated October 12, 1968 between Shri Krishna Janmasthan Seva Sangh and Shahi Masjid Idgah, which was part of suit number 43 of 1967.

The petitioners claim it has no legal validity because the Sri Krishna Janmabhoomi Trust, having ownership and title, was not party to the settlement.

The petitioners have also claimed that the mosque was built on the same spot where a temple was razed by Mughal emperor Aurangzeb.

The management committee of Shahi Masjid Idgah has objected to these petitions, saying that a compromise was made in 1968.

Hence, the petition, as such, is time barred.

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News Network
November 19,2024

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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 14,2024

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Thursday backed Chief Minister Siddaramaiah over his claim that the BJP had offered Rs 50 crore each to 50 Congress MLAs in an attempt to "topple" the state government.

Addressing reporters here, Shivakumar, also the Congress state president, said, “The BJP indeed lured 50 Congress MLAs with Rs 50 crore each.”

He defended Siddaramaiah’s statement and said the Congress MLAs were briefed about the BJP’s alleged 'Operation Lotus', a term used to describe the BJP's attempts to destabilise ruling governments through horse-trading.

“Some of our MLAs informed the Chief Minister about this matter, and he, in turn, shared it with the media,” Shivakumar said.

At an event in Mysuru, Siddaramaiah reiterated the claim that "none of the Congress MLAs had accepted the offer".

He also accused the BJP of filing false cases against him in a bid to "remove him and overthrow his government".

The BJP has yet to respond to the allegations.

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