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Places of Worship Act put to test as Gyanvapi mosque case goes to Supreme Court

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4 years ago

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The three-page legislation — The Places of Worship Act, 1991 — is at the centre of the row over videographic survey carried out at the Gyanvapi mosque in Varanasi, where a Shivling was purportedly discovered.

The law has been invoked by the Committee of Management, Anjuman Intezamia Masajid Varanasi, which manages the Gyanvapi mosque, before the Supreme Court, saying mischievous attempts were being made to change the character of the mosque, which existed for 500 years.

In the Ayodhya judgment, the Supreme Court had said that the Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to equality of all religions.

However, in the Gyanvapi mosque matter, the Act will be put to legal scrutiny and face a test, in view of the ethos of secularism.

A bench comprising Justices D.Y. Chandrachud, Surya Kant, and P.S. Narasimha observed that the survey of a structure to ascertain its religious nature is not barred under the Act.

The committee moved the top court under Order 7, Rule 11 of the Civil Procedure Code against the maintainability of the suit, filed by five Hindu women seeking enforcement of their right to worship Goddess Shringar Gauri and other deities inside the mosque.

The masjid committee has also questioned the appointment of a commissioner for the video survey of the mosque, as it was barred under the Places of Worship (Special Provisions) Act, 1991, and pointed at the fallout of entertaining a suit in gross violation of the provisions of the 1991 Act.

The counsel representing the masjid committee argued in the apex court that similar mischief is being attempted in connection with four-five other mosques and objected to the trial court order to protect an area which had been used for the last 500 years by Muslims as ‘wuzu khana’ (ablution pond).

The Places of Worship Act, 1991 had its own share of controversies. The then Union Home Minister, S.B. Chavan, while moving the Bill in the Lok Sabha had said that it is a measure to provide and develop our glorious traditions of love, peace and harmony.

However, the BJP, then main Opposition party, had opposed the Bill tooth and nail, and termed it as another attempt by the Congress government to appease the minorities.

The Central government notified the Act to forestall fresh claims by any community about the previous designation of any religious place of worship and also subsequent attempts to regain land, on which they stood.

The Places of Worship Act, 1991 begins by saying, “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”

Section 4 of the Act says, “It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.”

The Section 4(2) of the Act says any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on August 15, 1947, is pending before any court, tribunal or other authority, the same should abate, and no fresh suit or legal proceedings would be instituted.

And, the proviso to this section clarifies that only those litigations are allowed, where conversion has taken place in the religious character after August 15, 1947. The offence under the Act is punishable with imprisonment for a term which may extend to three years and also a monetary penalty.

According to the Act, if a person attempts to convert any place of worship, or is part of a conspiracy, she/he can face a jail term.

The Act has put the Ram Janmabhoomi-Babri Masjid dispute outside its domain of operation. However, the Supreme Court in its Ayodhya judgment cited its importance. In November 2019, the Supreme Court ruled in favour of the Hindu side paving the way for the construction of Ram temple in Ayodhya.

The apex court had then said The Places of Worship Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to the equality of all religions.

“Above all, The Places of Worship Act is an affirmation of the solemn duty which was cast upon the state to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. There is a purpose underlying the enactment of The Places of Worship Act. The law speaks to our history and to the future of the nation,” the top court had said.

The five-judge bench had said: “Historical wrongs cannot be remedied by the people taking the law in their own hands. In preserving the character of places of public worship, the Parliament has mandated in no uncertain terms that history and its wrongs shall not be used as instruments to oppress the present and the future.”

The apex court had said The Places of Worship Act imposes a non-derogable obligation towards enforcing “our commitment to secularism under the Indian Constitution and the law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution”.

“Non-retrogression is a foundational feature of the fundamental constitutional principles of which secularism is a core component. The Places of Worship Act is thus a legislative intervention which preserves non-retrogression as an essential feature of our secular values,” it had said.

On May 20, 2022, the top court noted that ascertaining the religious character of a place of worship through a procedure known to the law, will not fall foul of The Places of Worship Act, 1991. The top court has shifted the trial of the suit by the Hindu parties from civil judge, senior division, to the district judge.

The top court said its May 17 interim order — protecting the ‘Shivling’, purportedly discovered during the survey, and free access to Muslims for ‘namaz’ — will remain operational for eight weeks, after the district judge’s decision in the matter, so as to allow the aggrieved parties to appeal against the decision.

The Supreme Court has scheduled the Gyanvapi case for hearing in July.

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Crime

Samrat Choudhary takes charge as Bihar Home Minister; warns criminals

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10 hours ago

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November 22, 2025

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Patna, Nov 22: After becoming Bihar’s Home Minister, Deputy Chief Minister Samrat Choudhary has taken a tough stance on maintaining law and order in the state.

On Saturday, soon after assuming office, he issued a stern warning to criminals, declaring that no offender would be spared and that the police had been given full freedom to act.

Deputy CM Choudhary said that the police are no longer bound and now have complete authority to take action openly.

He reaffirmed that criminals have no place in Bihar and asserted that the Home Ministry will work under the guidance of Chief Minister Nitish Kumar.

Good governance, he said, existed earlier and would continue even more firmly in the future.

He added that the ‘jungle raj’ that had been eliminated would not be allowed to return.

Responding to a query about his earlier controversial remark — saying that criminals in Bihar would be cremated in Gaya — the State Home Minister said the police were doing their job.

This marks the first time Chief Minister Nitish Kumar has handed over the Home Department to the BJP since 2005.

In the new Cabinet, along with Nitish Kumar, 26 Ministers were sworn-in.

Samrat Choudhary has been appointed both the Deputy Chief Minister and Home Minister, while Vijay Kumar Sinha has also been appointed the Deputy Chief Minister of Bihar.

He is holding the charge of Revenue, Land Reforms and Mining departments in the Nitish Kumar-led Bihar government.

Ministers from all NDA constituents have found a place in the Bihar Cabinet.

The BJP has the highest representation in the state Cabinet with 14 Ministers, followed by Janata Dal-United with eight, Lok Janshakti Party-Ram Vilas with two, Hindustani Awam Morcha (HAM) with one, and Rashtriya Lok Morcha (RLM) with one.

Despite having two Deputy CMs and 14 Ministers, the BJP’s share of the allocated departmental budget is lower compared to JD-U.

The BJP controls 29.22 per cent of the total budget, LJP-RV Ministers 0.91 per cent, HAM 0.58 per cent, and RLM 3.56 per cent.

The remaining departments, accounting for around 65 per cent of the total budget, remain with the JD-U.

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Crime

Palghar Crime: 3 Arrested For Attempted Murder And ₹10 Lakh Robbery In Vasai; Police Bust Interstate 6-Member Gang

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10 hours ago

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November 22, 2025

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Palghar, Maharashtra, Nov 22: The Crime Detection Unit (Unit 2) of the Mira-Bhayander, Vasai-Virar Police has arrested three men involved in an attempted murder and armed robbery at a residence in Vasai, recovering gold jewellery and cash worth ₹10 lakh.

The incident took place on November 18 when three unidentified men forcibly entered the home of 37-year-old Geeta Raut in Reliable Glory Building at Sativali, Vasai West.

The intruders threatened Raut and her son Santosh at knifepoint, demanding information about the location of their gold. When Raut said she did not know, one of the assailants attempted to stab her.

She managed to evade the blow but sustained an injury to her left arm. The attackers then broke open a cupboard and escaped with 12 tolas of gold ornaments and a mobile phone.

Following the registration of the case at Waliv Police Station, officials conducted a detailed investigation at the crime scene and surrounding areas.

Through technical analysis and intelligence from informers, the police identified the suspects and learned that they were residing in Nandagaon, Karnataka.

A team was immediately dispatched, and on November 20, three accused were detained along with 8 tolas of stolen gold, cash, and a mobile phone, collectively valued at ₹10 lakh. During interrogation, it was revealed that they were part of a six-member gang involved in the crime.

The arrested accused have been identified as Ashok alias Babu Raju Shinde, a resident of Shantinagar Dongripada in Vasai East originally from Nandagaon in Karnataka; Abdul Rauf Hashmi, a resident of Richard Compound in Manocha Pada, Vasai East originally from Jaunpur in Uttar Pradesh; and Ritik Ravi Belangi, also living in Richard Compound and originally from Nandagaon in Karnataka.

Police have also named three absconding accomplices: Nur Hasan Khan from Patil Wadi in Nalasopara East, Suraj Kishor Jadhav from Shantinagar in Nalasopara East, and Kalu Prabhakar Sahu from Kendrapara in Odisha.

The detained suspects have been handed over to Waliv Police for further action under relevant sections of the Bharatiya Nyaya Sanhita. Further investigation is underway.

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Maharashtra

Winter rains expected in the state, alert issued in three districts

Published

11 hours ago

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November 22, 2025

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Mumbai: The weather in the state is constantly changing. Now after the severe cold, the Indian Meteorological Department has given a major warning of direct rain. The state is currently facing favorable weather for rain.

The state has been experiencing cold and temperature in the last few days. The mercury is continuously falling. Pune is experiencing severe cold, Punekar is facing pink cold due to the drop in temperature. Not only Pune, many parts of the state are experiencing severe cold and cold winds are blowing from the north. North India is experiencing severe cold and the mercury is likely to fall further in the next few days. However, the cold has decreased slightly since yesterday. The mercury is falling in the districts of Mumbai, Nagpur, Akola, Solapur, Chhatrapati Sambhaji Nagar, Beed, Nanded, Parbhani, Hingoli, Ahlia Nagar, Gadchiroli, Gondia, Jalgaon, Bhandara, Ayutthaya. The mercury in Dhule fell to 7.5 Celsius. The Indian Meteorological Department has now issued a big warning.

Although the cold is being felt at the moment, the cold has decreased in some areas compared to the last two or three days. Not only this, the weather is also cloudy. Currently, the environment is favorable for rain in the state. The Indian Meteorological Department has also issued a rain warning in some districts. Rain warnings have been issued in Kolhapur, Sangli and Sindhudurg districts.

The mercury is below 10 degrees in some places. On Friday, the lowest temperature in the state was recorded in Dhule. The temperature was recorded in Dhule at 7.5 degrees. The temperature was recorded in Parbhani at 8.9. The temperature was recorded in Nafad at 8 degrees Celsius. The mercury dropped to 11 degrees in Pune, Ahlia Nagar and Mahabaleshwar. Today, the weather is favorable for rain in some cities of the state. There will be light to moderate rain in Kolhapur, Sangli and Sindhudurg.

The mercury has dropped below 10 degrees in Pune. Due to which there is a heavy fog in the air. To avoid the cold, Ganpati Bappa is traditionally dressed in a woolen sweater and ear caps at Saras Bagh in Pune. This sweater is given to Ganpati Bappa with the pleasant feeling that Ganpati Bappa is also feeling the cold. Every winter, whenever the cold increases, Ganpati Bappa is given a sweater.

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