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No fresh suit to be registered under Places of Worship Act till further orders: Supreme Court

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New Delhi, Dec 12: The Supreme Court on Thursday ordered that no fresh suits would be registered under the Places of Worship Act in the country, and in the pending cases, no final or effective orders would be passed till further orders of the Apex Court.

A Special Bench headed by CJI Sajiv Khanna asked the Union government to file within four weeks its reply to the clutch of petitions challenging the validity of the 1991 Act, which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.

The Bench, also comprising Justices Sanjay Kumar and K. V. Viswanathan, appointed advocates Kanu Agarwal, Vishnu Shankar Jain and Ejaz Maqbool as nodal counsel to make compilations of pleadings on behalf of the Union, the petitioners and the parties supporting the Act, respectively.

In March 2021, a Bench headed by then CJI S.A. Bobde sought the Centre’s response to the plea filed by advocate Ashwini Upadhyay, challenging the validity of certain provisions of the law.

The 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 from making a law to take away fundamental rights but the 1991 Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs, to restore their ‘places of worship and pilgrimages’, destroyed by barbaric invaders.”

It further added, “The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are incarnations of Lord Vishnu, the creator and equally worshipped throughout the world, hence it is arbitrary.”

Meanwhile, several intervention/impleadment applications have been moved before the Apex Court seeking the dismissal of the petitions against the Places of Worship Act.

In its application, the Managing Committee of Varanasi’s Gyanvapi Mosque said the “consequences of declaring the 1991 Act unconstitutional are bound to be drastic and will obliterate the rule of law and communal harmony.”

It said that an Article 32 petition challenging a legislative enactment must indicate the unconstitutionality of the provisions based on constitutional principles and the rhetorical arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.

“As many as 20 suits are pending before different Varanasi courts seeking to nullify the protection accorded by the 1991 Act and to convert the character of the Gyanvapi Mosque and prevent access of Muslims to the mosque,” it said.

In a similar application, the Committee of Management of Mathura’s Shahi Masjid Eidgah said that the law was enacted by Parliament in the interest of the country’s progress, which has stood the test of time for more than 33 years.

The mosque committee said that the adjudication of the petitions against the Places of Worship Act is likely to have a significant bearing on the adjudication of its special leave petitions pending before the apex court against the dismissal of their application filed under Order VII Rule 11 of the CPC (Code of Civil Procedure) and the pending suits against the applicant mosque committee.

The Management Committee of Shahi Masjid Eidgah is party to 17 different suits being tried by the Allahabad High Court, where the plaintiffs have staked a claim over the entire parcel of land over which the Shahi Masjid Eidgah has been built, and have further sought the removal of the mosque structure from the said land, claiming the same to have been built over Krishna Janmsthan.

Crime

Gujarat Police arrest man in Facebook honey-trap extortion case

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Ahmedabad, Oct 7: A 39-year-old man was arrested by the Local Crime Branch (LCB) of Ahmedabad Police after allegedly honey-trapping an older man through Facebook and extorting Rs 24 lakh from him in instalments by threatening to implicate him in false cases, police said on Wednesday.

The accused, identified as Alpesh Solanki, a resident of Thikvadi village in Botad district, was arrested with Rs 1 lakh in cash allegedly collected from the complainant during the latest extortion attempt.

According to police, the incident came to light on the night of October 5, when Anandnagar Police Station received a control-room message stating that a gang had allegedly blackmailed an older man and his son and taken Rs 1 lakh from them in a black bag.

Officials said a man wearing black trousers and a white checked shirt was reported to have fled from Pakwan Char Rasta with the money.

Following the information, senior officials directed the concerned officers to take immediate action.

Deputy Commissioner of Police (Zone-7) Shivam Verma ordered a special action plan and strict naka-bandi in the area to identify and apprehend those involved.

Teams from the LCB Zone-7, led by Police Sub-Inspector H.D. Vaghela, conducted intensive patrolling and vehicle checks along the SG Highway.

Based on specific information received, the police located a man matching the description in the control-room message hiding under the Karnavati Bridge with a black bag.

He was apprehended along with Rs 1 lakh in cash.

Police said questioning of Solanki revealed that he and his associates had allegedly contacted the complainant through Facebook and honey-trapped him.

The accused allegedly threatened to register false cases against him and, as part of a planned conspiracy, collected Rs 24 lakh from him in instalments.

Police further said the gang had allegedly demanded another Rs 7 lakh from the complainant during the latest episode.

Officials said the complainant became suspicious and contacted the police, following which Solanki was arrested with Rs 1 lakh.

Two other accused, Kishan alias Kanu Parmar, a resident of Morarinagar-1 on Targhada Road in Botad, and Lalo, a resident of Panadara village in Kadi taluka of Mehsana district, are yet to be arrested.

Police said efforts to trace them are underway.

The police seized two bundles of Rs 500 notes totalling Rs 1 lakh, a black bag and a mobile phone valued at Rs 5,000.

The total value of the seized property was put at Rs 1.05 lakh.

Police advised people to exercise caution before accepting friend requests from unknown persons on social media and while communicating with strangers online.

The police also appealed to anyone facing blackmail or an extortion demand of this nature to approach the nearest police station.

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AAP stages protest outside Delhi Chief Electoral Officer’s office; Cong, Left parties join

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New Delhi, Oct 7: The Aam Aadmi Party (AAP) on Wednesday staged a protest outside the Delhi Chief Electoral Officer’s office at Kashmere Gate, with Left parties and the Congress also joining the demonstration against Chief Election Commissioner (CEC) Gyanesh Kumar.

Speaking to reporters, AAP Delhi President Saurabh Bharadwaj said a nationwide protest would be held on October 10, with the Jantar Mantar serving as its epicentre.

“On the 10th, there will be a nationwide protest, with Jantar Mantar as its epicentre. The call has been given by the Cockroach Janata Party. We are supporting that call. The Left parties, student wings, and various small and large organisations are supporting it, and we are also supporting it,” he said.

AAP MLA Kuldeep Kumar alleged that the BJP government was protecting Gyanesh Kumar and demanded his resignation.

“The BJP government is resorting to hooliganism. It is protecting Gyanesh Kumar. Gyanesh Kumar will have to resign. Gyanesh Kumar is a traitor to the country,” he said.

The AAP and Left parties joined the Congress in the ongoing street protest against CEC Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. The joint march was planned towards the Delhi CEO’s office at Kashmere Gate.

The development comes a day after INDIA bloc MPs staged a protest march towards the Election Commission of India (ECI) headquarters in New Delhi, demanding the resignation of the CEC.

However, security personnel stopped the Opposition leaders midway. Leader of the Opposition in the Lok Sabha Rahul Gandhi climbed police barricades and waved the tricolour as security personnel prevented the INDIA bloc MPs from proceeding towards the ECI headquarters.

Rahul Gandhi, along with his sister and Congress MP Priyanka Gandhi Vadra, was briefly detained by the police, according to television reports.

Speaking to reporters, Rahul Gandhi said around 300 MPs from both Houses of Parliament were stopped from meeting the Election Commission.

The INDIA bloc leaders, including the Gandhi siblings, later staged a sit-in at Akashvani Bhavan, from where they were removed by police and detained on Tuesday night.

The AAP and the DMK had stayed away from the INDIA bloc’s protest on Tuesday.

Last week, the AAP and several Left-wing student organisations, including SFI and AISA, staged a protest against the CEC at Jantar Mantar, during which several protesters were detained by police.

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CM Vijay visits Perambur MLA office, directs prompt action on public grievances

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Chennai, Oct 7: Tamil Nadu Chief Minister Vijay visited his MLA office in Perambur on Wednesday, met residents, received their petitions and directed officials to promptly address grievances raised by people in his own constituency.

During the visit, CM Vijay interacted directly with members of the public who had gathered at the office and listened to their complaints.

He accepted petitions seeking intervention on local issues and instructed officials to ensure that the requests were taken up without delay.

The Chief Minister also distributed various certificates to residents who had applied through electronic service platforms. The distribution formed a part of his visit to the constituency office, where he reviewed the handling of public requests and the delivery of services.

CM Vijay examined the progress of development works in Perambur and sought details of the procedures followed to receive and resolve complaints.

He also reviewed the effectiveness of a dedicated application used for constituency services and grievance handling. His discussions with officials covered both development projects and the response to petitions submitted by residents.

He reiterated that grievances from people in Perambur should be addressed promptly, placing the disposal of pending requests among the issues reviewed during the visit.

With preparations for the rainy season also on the agenda, CM Vijay sought information about waterlogging in north Chennai. He asked officials about the precautionary measures taken for the monsoon and the arrangements made to deal with rainwater accumulation in affected neighbourhoods.

Earlier in the day, the Chief Minister inspected the Madhavaram dairy farm in Chennai and held detailed discussions with officials on milk procurement and distribution.

He sought information about the processes involved in collecting milk and supplying it to consumers.

At the dairy complex, CM Vijay inaugurated the Aavin Central Laboratory annexe building, constructed at a cost of Rs 2.23 crore. The inauguration took place as part of his inspection of the facilities at Madhavaram.

He also examined construction work on a new farm being developed within the Madhavaram dairy farm complex and reviewed the ongoing works before proceeding to Perambur.

The two visits brought together a review of dairy operations and an assessment of constituency services.

At Perambur, the focus remained on residents’ petitions, development works and preparations for rain, while the Madhavaram inspection covered milk procurement, distribution and construction activities within the dairy complex.

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