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‘Don’t spread these things to a larger level’, SC on pleas challenging HC order on Hijab

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Chief Justice N.V. Ramana on Friday orally told the counsel of a petitioner, challenging the Karnataka High Court interim order in the Hijab matter, to think whether it is proper to bring the issue at the national level.

Senior advocate Devadutt Kamat mentioned the plea challenging the Karnataka High Court before a bench headed by Chief Justice N.V. Ramana. Kamat submitted that the high court has restrained the students from disclosing their religious identities, which results in suspension of Article 25 and this will lead into larger consequences.

The Chief Justice said: “Court is already hearing the matter”. Solicitor General Tushar Mehta submitted that the high court order has not come out so far and it should be allowed to decide the issue. Mehta emphasized that the matter should not be made either religious or political.

Chief Justice orally observed, “Don’t spread these things to a larger level…we don’t want to express anything on it.”

Justice Ramana told Kamat, “We are watching it and we know what is happening. Think, is it proper to bring it to the national level..”

Kamat mentioned the plea by a petitioner challenging the Karnataka High Court’s interim order to students not to insist on wearing religious attire till the court has decided the matter.

The Chief Justice emphasized that if there is constitutional rights’ violation of any one it would intervene at the appropriate time and its responsibility to protect constitutional rights of everyone.

The top court declined to go into the merits of the matter. “We will take it up at an appropriate time,” said the bench.

Another plea has been filed through advocates Rahamatullah Kothwal and Adeel Ahmed said: “The right to wear hijab falls under right to expression under Article 19(1)(a), right to privacy and freedom of conscience under Article 25. The same cannot be infringed upon without a valid law.” The college administration has resisted a group of students’ insistence to wear Hijab. The matter has triggered reaction, where others have worn saffron shawls.

Adeel submitted before the bench that students’ practical exams are scheduled on February 15.

The plea filed by Mohamed Arif Jameel and D.J. Halli Federation of Masajids Madaaris and Wakf Institutions contended that the high court through its order has sought to curtail the fundamental right of Muslim student-women by not allowing them to wear the hijab and pursue their education. “It is, therefore, necessary that an appropriate order be made staying the operation of the impugned order till the disposal of this petition otherwise the purpose of filing of special leave petition may be defeated and the same may be rendered in-fructuous”, said the plea.

The plea said the students concerned have to appear in practical examinations scheduled on February 15 and any interference on their access to institutions would impede on their right to education.

A three-judge bench of Chief Justice Ritu Raj Awasthi, Justice Krishna S.Dixit and Justice J.M. Khazi had passed the oral observations and scheduled the hearing on petitions challenging Hijab ban on Monday. The high court said: “We will pass an order. Let the schools-colleges start. But till the matter is resolved, no student should insist on wearing religious dress”.

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LS Speaker reprimands Sonia Gandhi over Waqf bill ‘bulldozed’ remarks

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New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.

Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.

The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.

“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.

Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.

Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.

He also demanded that the Speaker issues an “appropriate order” in response to these remarks.

Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.

“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.

A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.

“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.

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After passage from Parliament, Waqf Bill awaits President’s nod: Details here

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New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.

The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.

With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.

The next course of action is the Presidential assent for the bill, following which it will turn into a law.

The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.

According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).

The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.

Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.

As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).

Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.

Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.

Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.

“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.

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Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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