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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.”

National News

Shivdeep Lande: Bihar’s Singham IPS Shivdeep Lande resigns from police service, because in bouquet, what to do next?

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Patna: Marathmole IPS officer Shivdeep Lande popularly known as Singham of Bihar has resigned from the police service. Shivdeep Lande gave information about this by sharing a post on social media. In this post, Shivdeep Lande said, “My dear Bihar, I am now resigning from my post after 18 years of service through government posts. Throughout my tenure, I have considered the state of Bihar above myself and above my family. I am sorry if I have missed anything during my service. I have resigned from Indian Police Service. However, I will stay in Bihar. Shivdeep Lande has mentioned in his Facebook post that Bihar will be my Karmabhoomi from now on.

Shivdeep Lande, a 2006 batch IPS officer, was currently a Superintendent in the Bihar Special Task Force. He is well known in Bihar for his fearless work style. Chief Minister Nitish Kumar also expressed regret when Shivdeep Lande was transferred to Maharashtra for some time. Bihar Chief Minister Nitish Kumar did not want to release Lande. However, Singham Shivdeep Lande was allowed to return to Swagrihi i.e. Maharashtra.

Who is Shivdeep Lande?
Shivdeep Lande, 40, is a 2006 batch IPS officer. Shivdeep has graduated in Electrical Engineering. Shivdeep was born on 29 August 1976 at Badsingi in Buldana district. The house situation is very bad. Shivdeep has an elder sister and a younger brother. Shivdeep’s primary education was done in Zilla Parishad School. He then graduated from Amravati University through government quota in Electronic Engineering. After this, Shivdeep directly reached Mumbai for his job. He worked as a lecturer in engineering college in many colleges in Mumbai. But the desire to do something for the society did not allow him to sit still. So he prepared for UPSC. Shivdeep Lande, who passed UPSC, wanted to become a collector. But due to not getting rank, he had to accept IPS.

First posting
Shivdeep Lande was posted as Superintendent of Police in Jamalpur near Munger, Bihar. This area was known as Naxal infested. This area was known as the area of ​​Naxalites who were firing on the police. It is here that Superintendent of Police Surendra Babu was killed by Naxalites in 2005. So the police were afraid to go to this place. But in the very first appointment, Shivdeep made an impression on his work and won the trust of the locals. Every week they visit the area and meet the locals. So he got the support of the locals. It resulted in a reduction in crime. Shivdeep ended crime in Bihar by carrying out many striking operations. Political pressure was put on them to stop the strike action. He was also transferred. However, Bihari people had come to the streets against Shivdeep’s transfer.

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Crime

Tripura: Police Seize 44 Kg Of Drugs Worth Rs 2.52 Lakh At Agartala Railway Station

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Agartala (Tripura): Agartala Government Railway (GRP) Police seized 44 kg of drugs worth Rs 2.52 lakhs at Agartala Railway Station, railway police said on Tuesday.

About The Seizure

Acting on a tip-off, police on Tuesday conducted a search near the 13th rail track on the Agartala to Jirania route, near Agartala Railway Station. During the operation, authorities recovered 44 kg of dried cannabis from bushes alongside the tracks. The narcotics were allegedly being smuggled out of the state via train.

According to the police, the seized cannabis has an estimated market value of approximately Rs 2.52 lakhs. The Agartala GRP (Government Railway Police) station has launched an investigation to identify the individuals responsible for this illegal consignment. Further action will be taken based on the findings of the investigation.

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National News

Atishi Likely To Address First House Session As Delhi Chief Minister On September 26 And 27

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Delhi: Aam Admi Party leader and the successor of Arvind Kejriwal as the Chief Minister of Delhi, Atishi Marlena Singh, will likely address her first session as the head of the Delhi assembly next Thursday, September 26. The Delhi government has announced a two-day special session on September 26 and 27, as reported by party officials.

Atishi Takes Over After Kejriwal As Delhi CM

The choice to convene a special session aligns with Arvind Kejriwal stepping down as the chief minister and CM-designate Atishi asserting her right to govern. A senior party member mentioned that the meeting’s agenda is still undecided.

When Will Atishi Take Oath As Delhi’s New CM?

Atishi Marlena, the newly appointed Chief Minister of Delhi, has not yet been sworn in. Although the dates haven’t officially been announced yet, as per a few reports, the oath-taking ceremony is scheduled to occur before the Delhi Assembly session. The Speaker’s Office has announced that the Delhi Assembly session is scheduled for September 26 and 27.

Atishi To Address House

Atishi is scheduled to address the house on the challenges confronting Delhi and to assure the path forward. The member stated that it is uncertain if the oath-taking ceremony will be finished by then, as it will rely on the dates given by LG VK Saxena after approval from the President.

SK Sharma, a constitutional expert and a former secretary to the Lok Sabha and the Delhi assembly, said, “The power to appoint minister and chief minister is with the President. The head of legislative group has laid stake to power. Since AAP has brute majority, there should be no hurdle.”

“A date for oath-taking ceremony needs to be fixed, which is at the discretion of the President and LG.” Sharma said.

“Atishi will be speaking at the house on issues being faced by Delhi and the way ahead. It is not yet clear whether the oath-taking ceremony would be complete by then, as it will depend on the dates provided by LG VK Saxena after concurrence from the President,”

Assembly Sessions

Throughout the course of a year, there are typically three significant assembly sessions conducted, namely the budget session, monsoon session, and winter session. However, there have been occasions where the legislative assembly has convened more than three sessions to address the urgent matters presented by the government. There must also not be a gap longer than six months between two sessions.

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