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Supreme Court To Hear Mosque Committee’s Plea In Shahi Eidgah- Krishna Janmabhoomi Dispute On January 15

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The Supreme Court would on January 15 hear a plea of the mosque management committee against an order rejecting its petition in the Shahi Eidgah- Krishna Janmabhoomi dispute in Mathura, UP.

A single judge bench of the Allahabad High Court on August 1, last year, rejected the plea of the Committee of Management, Trust Shahi Masjid Eidgah, challenging the maintainability of 15 cases related to the temple-mosque dispute in Mathura, and ruled the “religious character” of Shahi Eidgah needed to be determined.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, on December 9, last year commenced the final hearing in the case and the matter is set to come up before the bench on January 15, according to the SC website.

One of the Hindu parties, represented by advocate Barun Sinha, had argued the mosque committee could have moved the Allahabad High Court against the single judge’s order over the dispute.

He said the plea of the mosque committee was not maintainable in the top court at the present stage.

The lawyer referred to the Allahabad High Court rules and argued, “In view of Chapter 8 of the Allahabad High Court Rules, a special appeal before the division bench of the high court would be maintainable.”

He said an appeal in the Supreme Court was not “maintainable against the order of a single judge bench of the high court” and an intra-court appeal in the high court should have been filed. The lawyer therefore sought the plea to be dismissed.

On November 29, last year, the CJI-led bench agreed to hear the plea.

“This we will hear at length. We will take it up on December 9, at 2 pm… We have to decide what is the legal position,” the CJI said.

Speaking for the bench, the CJI prima facie felt that an intra-court appeal would lie against the single judge bench’s August 1 order of the high court.

“We will certainly give you an opportunity to argue,” the bench said.

The mosque committee said the suits filed by Hindu litigants over the dispute over the Krishna Janmabhoomi temple, and the adjoining mosque, violated the Places of Worship (Special Provisions) Act, and were therefore not maintainable.

The 1991 Act prohibits changing the religious character of any shrine from what existed on the day of the country’s Independence. The Babri Masjid-Ram Janmabhoomi dispute was however kept outside it purview.

The cases filed by the Hindu party side seek the “removal” of the Aurangzeb-era mosque, claiming it was built after the demolition a temple that once stood there.

The high court said the 1991 Act did not define the term “religious character” and the “disputed” place couldn’t have a dual religious character — of a temple and a mosque, which are “adverse to each other” — at the same time.

“Either the place is a temple or a mosque. Thus, I find that the religious character of the disputed place as it existed on August 15, 1947, is to be determined by documentary as well as oral evidence led by both the parties,” the high court said.

The high court concluded the cases did “not appear to be barred by any provisions of the Wakf Act, 1995, the Places of Worship (Special Provisions) Act, 1991, the Specific Relief Act, 1963, the Limitation Act, 1963 and Order XIII Rule 3A of the Code of Civil Procedure Code, 1908”.

Hindu side’s advocate Vishnu Shankar Jain had said his client would move the Supreme Court for vacating its stay on a previous Allahabad High Court order allowing the mosque’s survey.

The mosque management committee and the UP Sunni Central Waqf Board argued the suits were barred under Places of Worship Act and other laws.

On May 31, 2024, the Allahabad High Court reserved its judgment on the maintainability plea after hearing both sides.

But the court reopened the hearing at the request of Shahi Eidgah counsel Mehmood Pracha.

The Mathura dispute mirrors the legal tussle in Varanasi, where the Gyanvapi mosque and the Kashi Vishwanath temple are located next to each other.

National News

Atishi files nomination; fumes over FIR in Kalkaji over poll code violation

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New Delhi, Jan 14: After a failed attempt a day earlier, Delhi Chief Minister Atishi on Tuesday filed her nomination papers from the Kalkaji constituency and lashed out at police and local election officials for acting promptly on poll-related complaints given by the BJP and ignoring the ones filed by the AAP.

CM Atishi raised questions over the impartiality of the Election Commission (EC) and police, claiming, “I hope the commitment of free and fair elections given by the EC to us will be fulfilled.

” Reacting to the registration of an FIR in Kalkaji for alleged misuse of a Public Works Department (PWD) van for transporting AAP election campaign posters, CM Atishi said, “When we complain against BJP candidate Parvesh Verma for distributing money and spectacles, we are told an inquiry is on. But, in my case, an FIR has been filed in Kalkaji without even an inquiry.”

“Something is fishy,” she said, adding that lower-level election officials are under pressure and the police are also favouring a particular party.

Attacking Parvesh Verma for allegedly blatantly violating the poll code, Atishi said he is openly issuing posts on social media, holding health camps, and distributing bedsheets.

The Delhi Chief Minister also attacked the Congress and the BJP for secretly collaborating to fight the February 5 Assembly election and misleading the people.

She said how is it possible without a BJP-Congress alliance that Congress leader Sandeep Dikshit promptly gets time to meet Lieutenant Governor V.K. Saxena to complain against the AAP scheme while AAP legislators are made to wait for weeks before getting an appointment to meet the L-G.

On Monday, Atishi held a roadshow in Kalkaji but could not file her nomination as she was forced to join an AAP delegation that met EC officials to complain about the alleged manipulation of the voters’ list in the New Delhi seat.

Earlier, the Delhi BJP accused CM Atishi and her party leaders of using government vehicles for personal campaigns even as the Kalkaji District Election Officer (DEO) got an FIR registered for misuse of a PWD van for carrying the CM’s posters.

Addressing a press conference, South Delhi MP Ramvir Singh Bidhuri alleged that the BJP’s District Vice-President in Kalkaji detected a van on January 7, after the Model Code of Conduct for the polls came into effect, delivering posters and flags of CM Atishi at her office in Govindpuri Gali number 30.

“The AAP, which claims to be an honest party, is indulging in such gross violation of the Model Code of Conduct. There is a huge difference in their words and practice,” said Bidhuri, claiming that the area where the incident took place falls in his parliamentary constituency.

An FIR has been filed by the election office against a PWD engineer for the alleged incident of allowing the use of an official to transport the AAP candidate’s election campaign material in the Govindpuri area.

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Crime

Kerala teenager sexual assault: Court records statement, 44 accused arrested

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Pathanamthitta (Kerala), Jan 14: The Special Investigation Team (SIT), probing the repeated sexual assault of a teenage girl in Kerala’s Pathanamthitta district, has arrested 44 people so far, its chief Ajitha Begum said on Tuesday.

“There are two accused who are now abroad and another 13 more who have to be arrested. The investigation is going in a fast-paced manner and all will be arrested at the earliest,” the SIT chief said.

On Tuesday, the victim’s statement was recorded before a magistrate near here.

The SIT has started proceedings for issuance of a red corner notice to ensure the two accused who are abroad are brought back here.

So far 31 cases have been registered across five police stations. The victim, reportedly assaulted by 59 people, has disclosed shocking details that have led to significant progress in the investigation.

The long list of the accused was traced by the SIT by analysing the victim’s diary and her father’s mobile phone, which she had been using.

The arrested individuals include three minors and four students preparing for their Class 12 final examinations next month. Most of the arrested are aged between 17 and 28.

According to the victim’s statement, she was exploited at various locations, including secluded rubber plantations, vehicles, and other spots within the district.

The assaults reportedly began when she was 13 years old and were perpetrated by acquaintances, coaches, senior sportsmen, and others, exploiting her role as a sportswoman. She was taken to various locations in vehicles and subjected to abuse.

The case came to light during a counselling session organized by the Child Welfare Committee (CWC) after her teachers reported behavioural changes in her. During the session, she disclosed the extent of her abuse. The CWC then referred the case to the Pathanamthitta district police chief. FIRs have been registered under the Protection of Children from Sexual Offences (POCSO) Act. The case has drawn widespread attention, reminiscent of other high-profile sexual assault cases in Kerala, including the Suryanelli, Vithura, and Kozhikode incidents.

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National News

Six soldiers injured in landmine explosion near LoC in J&K’s Rajouri

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Jammu, Jan 14: Six soldiers were injured in a landmine explosion near the Line of Control (LoC) in J&K’s Rajouri district on Tuesday, officials said.

The explosion occurred in the Nowshera sector of Rajouri.

“The incident occurred around 10.45 a.m. when a soldier patrolling in the Nowshera sector of the LoC accidentally stepped on a landmine that went off injuring six soldiers. All the injured army soldiers have been shifted to hospital where attending doctors have described their condition as stable,” an official said.

Areas close to the LoC on the Indian side are secured by planting landmines so that infiltration and terrorist activity on the Indian side of the LoC is prevented.

“Some of the landmines planted near the LoC on our side get shifted from their original place due to rain etc from the place where they are marked on the patrolling map. Tragedies like today are caused by these landmines called drift mines,” a senior army officer said.

The army and other security forces have been carrying out aggressive anti-terrorist operations targeting terrorists, their over-ground workers (OGWs), and sympathisers.

These aggressive operations against terrorists were ordered by Lt Governor Manoj Sinha after the terrorists carried out some dastardly attacks during the last four months against the army, security forces, police and civilians. These attacks were carried out by the terrorists after peaceful and people-participative Lok Sabha and Assembly elections, witnessed by diplomats from several countries, in J&K and intelligence agencies suggest that the handlers of terrorism sitting across the LoC got frustrated by these developments.

These handles of terrorism, as per the intelligence agencies, have ordered terrorists to carry out attacks to terrorise and keep the pot boiling despite prevailing peace in J&K.

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