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Places of Worship Act: Mathura mosque committee urges SC to close Centre’s right to file counter affidavit

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New Delhi, Jan 21: In a fresh application filed before the Supreme Court, the Committee of Management of Mathura’s Shahi Masjid Eidgah has pleaded that the right of the Centre to file its reply to the petitions challenging the validity of the Places of Worship Act, 1991 should be closed.

The plea said that in an order passed on December 12, 2024, the apex court noticed that the Union government had not filed its reply to the petitions challenging the 1991 Act for over three years and directed that a common counter affidavit be filed by the Centre within four weeks.

The mosque committee said that the Union of India is “deliberately” not filing its counter affidavit with the intention to delay the hearing, and thereby, obstructing those who are opposing the challenge to the Places of Worship (Special Provisions) Act, 1991 in filing their respective written submissions, as the stand of the Centre would have a bearing on the same.

The Shahi Masjid Eidgah’s application contended that since the Supreme Court has fixed the date of hearing of the batch of petition as February 17, “it would be in the interest of justice if the right of the Union of India to file its counter affidavit/ reply/pleadings/submissions is closed”.

In March 2021, a Bench headed by then Chief Justice of India (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, prohibiting 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 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.”

In an interim order passed on December 12, 2024, the CJI Sanjiv Khanna-led Special Bench had 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.

The Special Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had asked the Union government to file within four weeks its reply to the batch of petitions challenging the validity of the Places of Worship Act (Special Provisions), 1991.

In an intervention application filed earlier on December 11, the Committee of Management of Mathura’s Shahi Masjid Eidgah, had said that the 1991 law, prohibiting the alteration of religious places of worship as they stood on August 15, 1945, was enacted by Parliament in the interest of the country’s progress, which has stood the test of time for more than 33 years.

It added that Parliament had enacted the 1991 Act, which has stood the test of time for more than 33 years and the petitioners have chosen to challenge the enactment belatedly, after 29 years.

The application said that the mosque committee 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 Janam Sthan.

“It would be in the interest of justice if the applicant (mosque committee) is allowed to intervene and assist this Hon’ble Court in the adjudication of the issues (relating to the validity of Places of Worship Act, 1991),” the application had said.

Maharashtra

Distribution of 32 lakh kits will not bring real happiness to Muslims: Abu Azmi on BJP’s ‘Saugat-e-Modi’

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Mumbai, March 27: As the BJP launched a nationwide outreach programme ‘Saugat-e-Modi’ aimed at economically weaker Muslim families ahead of Eid, Samajwadi Party (SP) MLA Abu Azmi voiced strong criticism, stating that the distribution of 32 lakh kits would not bring real happiness to Muslims.

According to Azmi, the true source of happiness for Muslims would come if innocent Muslims currently imprisoned were released before Eid.

Talking to media, Abu Azmi said: “32 lakh kits will not bring happiness to the weaker section of Muslims. Real happiness will come when the innocent Muslims, who are unjustly imprisoned, are released before Eid. If you had told them to go home and celebrate Eid with their families, I would have seen that as a real gift. If you really want to give a gift, then the gift would be the rights given to Muslims by the Constitution of Bhimrao Ambedkar, where every person should receive their rightful share according to their numbers. If you had done that, I would have considered it a gift.”

Azmi further accused the BJP of using this initiative to influence Muslims in light of the upcoming Bihar elections. He claimed that the outreach programme was merely an attempt to win votes by targeting the Muslim community under the pretext of providing welfare.

“It is no surprise that such things happen when elections are near. With the Bihar elections approaching, it seems the BJP is trying to appease Muslims. They are trying to take over Muslim lands, while the entire Muslim community is opposing the amendments to the Waqf (Amendment) Bill. Those who own the land don’t want changes, but the BJP is determined to make amendments. What kind of gift is this? The real issue is that they are entering mosques, burning the Quran, and causing distress to Muslims,” Azmi said.

He added: “You’re offering these so-called gifts, but you won’t give Muslims even one minister, one MLA, or one MP. There is no need for such gifts. The real gift will be when Muslims are granted the rights promised to them by the Constitution. Only then would I truly consider it a gift, and I would love that.”

Azmi also responded to the recent strict instructions issued by Uttar Pradesh Police, which prohibited Namaz on roads and other public places. In Meerut, the police have advised Muslims to offer Namaz only at designated mosques or other grounds meant for mass prayer.

“What if the government decides tomorrow that we cannot pray? If we pray, they’ll threaten to shoot us or send us to jail. For hundreds of years, people have been praying in public spaces when mosques were small or overcrowded, sometimes even on roads next to gutters. But instead of harassing people for praying, the government should provide space for them to pray, clean up the areas, and respect their right to practice their religion. It’s not about blocking traffic; it’s about deliberately harassing Muslims,” he said, expressing concern over the increased restrictions on religious practices.

Azmi further reacted to the recent controversy surrounding comedian Kunal Kamra, whose satirical remarks on social media have led to protests and demands for his YouTube channel to be banned.

Azmi found the response disproportionate, particularly when compared to the lack of action in the case of insults toward Islam.

“Kunal Kamra’s remarks about the Deputy Chief Minister were inappropriate, but we must remember that when insults are made against our beloved Prophet Muhammad (PBUH), no action is taken. Salman Rushdie and Taslima Nasreen, who have written defamatory books about Islam, receive protection under freedom of speech laws. In contrast, Kamra’s remarks have sparked massive outrage, and there’s even a push to ban his YouTube channel. This is a clear double standard. It shows how democracy is being undermined in our country,” Azmi concluded.

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National News

Foolish officer, lacks intellect: Cong’s Imran Masood on Sambhal Circle Officer’s remarks on Eid

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New Delhi, March 27: Congress MP Imran Masood on Thursday strongly condemned the controversial remarks made by Sambhal Circle Officer (CO) Anuj Chaudhary, who suggested that those who want to serve ‘Sewaiyan’ on Eid must also eat ‘Gujia’ on Holi.

Imran Masood dismissed Chaudhary’s comments, calling him a “foolish officer, lacking intellect.”

He added, “Hatred cannot exist in society. Only love should prevail. There is no problem in eating Gujiya. And anyone who has an issue with eating Gujiya, I feel ashamed of it. We should live together with love.”

Masood emphasised that such statements only promote division and are detrimental to societal harmony.

After his previous remark on Holi, Chaudhary said during a Peace Committee meeting on Wednesday, “If you want to serve Sewaiyan on Eid, you must also eat Gujiya on Holi.”

He emphasised mutual respect, stating, “They should eat Gujiya, and we should eat Sewaiyan. But the problem arises when one side is willing and the other is not. This is where brotherhood breaks down, and that should not happen.”

The controversy escalated when the Sambhal administration issued a ban on offering Namaz on roads or rooftops.

Addressing this issue, Imran Masood remarked, “Where is the need for legal action in this? Even Muslims should understand this. The roads belong to the government. If the government is saying not to offer Namaz on the road, then don’t offer Namaz there. But will you impose a ban on Namaz itself?”

Masood raised concerns over the imposition of restrictions on religious practices in public spaces, questioning whether this would unnecessarily create conflict.

Masood also addressed the recent resolution passed by the Tamil Nadu Assembly against the Waqf (Amendment) Bill, calling on governments across India to clarify their positions on the matter.

He said, “Just as Tamil Nadu passed this resolution, all governments working for Muslim community and its support must clarify their stance. West Bengal should also consider it, Bihar should also, and all governments should support it. Especially Nitish Kumar Ji and Chandrababu Naidu should clarify their stand.”

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National News

TN Assembly passes resolution urging Centre to withdraw Waqf Bill; BJP walks out

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Chennai, March 27: The Tamil Nadu Legislative Assembly on Thursday unanimously passed a resolution urging the Union government to withdraw the Waqf (Amendment) Bill, 2024, citing concerns that it undermines the interests of Muslims in the country.

While all major political parties, including the AIADMK, supported the resolution, the BJP staged a walk-out ahead of the vote.

Chief Minister M.K. Stalin, who moved the resolution, said the Indian Constitution guarantees all religious groups the right to practice and preserve their faith, and it is the duty of a democratically-elected government to uphold these rights.

He expressed strong opposition to the proposed amendments to the Waqf Act, 1954, stating that they would severely impact Muslim minorities.

CM Stalin further noted that DMK representatives A. Raja and M.M. Abdullah, who are members of the Joint Parliamentary Committee (JPC), were not allowed to voice their opinions on the proposed changes during committee discussions.

In a display of democratic courtesy, CM Stalin also requested Speaker M. Appavu to allow BJP leader Vanathi Srinivasan to express her views on the matter.

He added that the DMK has consistently upheld democratic values by allowing Opposition voices to be heard in the Assembly.

Speaking in defence of the Bill, Vanathi Srinivasan said the Centre had decided to amend the Waqf Act following numerous complaints regarding irregularities in the management of Waqf properties across various states.

She maintained that the Bill aims to protect the interests of the “backward sections” of the Muslim community and to ensure better representation for women.

However, Tamil Nadu Law Minister, S. Regupathy, countered her claims, stating that the views of certain JPC members were ignored during discussions.

He further described the Waqf Amendment Bill as an “economic assault” on the Muslim community.

PMK leader G.K. Mani said the Bill should only proceed if the Union government is able to build a consensus among all stakeholders.

AIADMK member S.P. Velumani also voiced support for the resolution, adding to the united front against the Bill.

The Assembly concluded by reiterating its demand that the Union government fully withdraw the controversial Waqf (Amendment) Bill, 2024.

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