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SC gives Centre two weeks to file affidavit on plea against Places of Worship Act

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The Centre on Friday undertook before the Supreme Court that it will respond within two weeks on petitions challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991.

In March last year, the apex court had sought Centre’s response on petitions challenging the provisions of the Act, but it is yet to file its response.

A three-judge bench, headed by Chief Justice Uday Umesh Lalit, specifically asked Solicitor General Tushar Mehta, representing the Centre, whether the Central government will file its response in the matter or not?

The bench, also comprising Justices S. Ravindra Bhat and P.S. Narasimha, noted that a notice was issued on the petition filed by advocate Ashwini Upadhyay long ago, and queried Mehta, has the Centre filed any response in the matter? Mehta said the government will file its response.

Advocate Vishnu Shankar Jain, representing a petitioner, submitted before the bench that the right of judicial review of the Act, cannot be taken away and relied on judgment in Minerva Mills.

BJP leader Subramanium Swamy, a petitioner in the matter, emphasized on reading down the Act so that along with Ram Janmabhoomi, the Kashi Vishwanath and Mathura matters can also be taken up.

Senior advocate Rakesh Dwivedi, representing a petitioner, said the question of reading down will arise only if it is found that the Act is not ultra vires of the Constitution.

After hearing submissions, the top court permitted all the applications, including the plea filed by Jamiat Ulama-i-Hind, to intervene in the hearing of the pleas challenging the validity of the Places of Worship (Special Provisions) Act, 1991, which prohibits the filing of a lawsuit to reclaim a place of worship or changing its character from what prevailed on August 15, 1947.

It noted that a bench of two judges of this court had issued notice in the matter in March 2021, thereafter this petition has been coming up on a few occasions. However, the Union of India has not put in any response, it added.

The bench said the matter be heard by a three-judge bench on October 11 and asked the parties to complete the pleadings before the hearing. It said the Solicitor General has been granted two weeks to file an affidavit.

On March 12, 2021, a bench headed by then Chief Justice S.A. Bobde had sought the Centre’s response on the plea filed by Upadhyay challenging the validity of certain provisions of the law.

Upadhyay’s plea said: “The 1991 Act was enacted in the garb of ‘Public order’, which is a State subject [Schedule-7, List-II, Entry-1] and ‘places of pilgrimages within India’ is also State subject [Schedule-7, List-II, Entry-7]. So, the Centre can’t enact the Law. Moreover, Article 13(2) prohibits the State to make law to take away fundamental rights but the 1991 Act takes away the rights of Hindus Jains Buddhist Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by barbaric invaders.”

Crime

Encroachments along Adyar River in TN bulldozed on Madras HC order

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Chennai, May 22: Following stern directives from the Madras High Court, authorities have initiated the removal of encroachments along the Adyar riverbank in Tamil Nadu’s Anakaputhur, with plans to complete the process within a week.

The court had recently issued a three-month deadline to the Tamil Nadu government to eliminate all encroachments obstructing the Adyar River Restoration Project.

Responding to this, the Water Resources Department on Wednesday began demolishing illegal structures, including around 50 houses in Anakaputhur. Officials confirmed that this is the first phase of the eviction drive.

The removal will continue in downstream areas such as Thideer Nagar, Jyothi Ammal Nagar, Surya Nagar, and Malligaipoo Nagar in Saidapet and Kotturpuram in the coming weeks.

An official from the Water Resources Department stated, “We will proceed with the clearance, one neighbourhood at a time, as per the court’s directive. The project had been delayed for years due to the presence of these encroachments.”

The state’s Additional Advocate-General J. Ravindran informed the court that the encroachments had halted progress on the Adyar River Restoration Project — a major initiative worth Rs 1,500 crore announced in three consecutive budgets since 2023.

Due to the obstructions, contractors were unable to prepare a detailed project report, stalling the project indefinitely.

In Anakaputhur alone, 593 families residing in areas such as Quaid-e-Milleth Nagar, Thai Moogambikai Nagar, Santhai Nagar, and MGR Nagar Third Street are being evicted. However, the state government is providing alternative housing to the affected families.

“Each displaced family will be allotted a 390-square-foot house at no cost. These houses, valued at Rs 17 lakh each, are located in Talaivaram, Keerapakkam, Perumbakkam, and Navalur,” the official added.

The Adyar River Restoration Project aims to rejuvenate the heavily polluted waterway and prevent urban flooding — a recurring issue during Chennai’s monsoon seasons. The successful removal of encroachments is expected to pave the way for its long-awaited implementation.

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Gunfight breaks out between security forces and terrorists in J&K’s Kishtwar

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Jammu, May 22: A gunfight erupted on Thursday between the joint security forces and the terrorists during a cordon and search operation (CASO) in Jammu and Kashmir’s Kishtwar district.

Officials said that on specific information about the presence of a group of three to four terrorists, joint forces launched a CASO in Singhpora, Chatroo area of Kishtwar district.

“The cordon was tightened to engage the terrorists and to ensure that they are unable to escape. As the joint forces came closer, the hiding terrorists opened fire, triggering an encounter which is now going on. Three to four Jaish-e-Mohammad (JeM) terrorists are reported to be holed up,” officials said.

Naming the operation as ‘Op Trashi’, the White Knight Corps of the Indian Army in a post on its X handle said, “Contact has been established with #terrorists during a joint #operation with @JmuKmrPolice at #Chhatru, #Kishtwar today morning. Additional troops have been inducted, and operations are ongoing to neutralize the terrorists.”

Joint forces have started aggressive operations against terrorists, their overground workers (OGWs) and sympathisers in J&K. These operations were intensified after April 22, when Lashkar-e-Taiba (LeT) terrorists segregated tourists on the basis of religion and killed 26 civilians, including 25 tourists and a local, in Baisaran meadow of Pahalgam.

The cowardly terrorist act outraged the entire nation. India launched precision-guided targeted attacks on terrorist infrastructure in Muridke near Lahore, Bahawalpur, Kotli, and Muzaffarabad in Pakistan-occupied Kashmir (PoK).

Pakistan responded by heavy mortar shelling on the Line of Control (LoC) and the International Border (IB) in Jammu and Kashmir, targeting civilian facilities.

A total of 200 houses and shops were destroyed in Pakistani shelling, while hundreds of border residents were forced to abandon their villages to run to safer locations.

The border residents have not fully returned to their homes yet as the security forces are still defusing unexploded Pakistan shells in Poonch, Rajouri, Baramulla and Kupwara districts.

India agreed to a ceasefire arrived at by the DGMOs of the two countries on June 12.

But, Defence Minister Rajnath Singh has made it clear that the understanding will be respected only as long as Pakistan does not allow any terrorist activity on its soil against India. he said that this was a probation period for Pakistan.

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J&K L-G announces govt job for kin of Pak shelling victims

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Jammu, May 21: J&K Lt Governor, Manoj Sinha, on Wednesday announced government jobs to the next of kin of those who lost their lives in Pakistan shelling.

The Lieutenant Governor made the announcement while addressing families affected by the Poonch shelling.

The L-G expressed grief over the loss of lives due to Pakistan shelling and also expressed sympathy with the bereaved families.

“The loss of lives cannot be compensated. We stand with the families in this hour of grief. The next of kin of those who lost their lives will be given government jobs. This is in addition to the Centre’s support for the affected families. Both the Centre and state governments have been making efforts to provide compensation to the families. The damage assessment is being done, and once the report is completed, the measures will be taken accordingly,” he said.

“Community bunkers have already been constructed at many places, but the number of individual bunkers will be constructed soon to ensure the safety of border dwellers,” the Lt.Governor said.

In response to specific precision strikes against terror targets by Indian armed forces in Muridke near Lahore and Kotli and Muzaffarabad in Pakistan-occupied Kashmir (PoK) by India, Pakistan resorted to Indiscriminate mortar shelling on civilian facilities along the line of control (LoC) and the international border (IB).

Over 200 houses and shops were destroyed in Pakistan mortar shelling in Poonch, Rajouri, Baramulla and Kupwara districts. Hundreds of civilians had to give up homes, livestock and agricultural fields. Over 38 civilians were killed as Pakistan shelled civilian areas.

The border residents are still not able to completely return to their villages because of unexploded shells in the border areas.

Notably, India and Pakistan announced a ceasefire understanding on May 10 as the DGMOs of the two countries spoke to each other on the hotline.

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