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

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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.

Entertainment

‘Yeh Kaisa Insaan Hai’: Telangana CM Revanth Reddy Slams ‘Pushpa 2’ Star Allu Arjun For Stampede During Screening 

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Hyderabad: Despite police permission being denied, top Telugu actor Allu Arjun attended the theatre where ‘Pushpa-2’ was screened on December 4, Telangana Chief Minister A Revanth Reddy charged on Saturday.

Even after the death of a woman in a stampede, the actor did not leave the cinema hall, prompting the police to force him out, CM alleged.

Responding to the issue after AIMIM MLA Akbaruddin Owaisi raised it in the Assembly, Reddy, referring to videos in circulation, found fault with Allu Arjun for holding a roadshow and waving to the crowds in spite of the heavy crowd.

Reddy further said the theatre management gave a letter to the police on December 2 seeking security for the visit of top actors and others on December 4. However, the police rejected the application, citing difficulties in crowd management.

Before entering the theatre and exiting, the actor stood through the sunroof of his car and waved to the crowds leading to thousands of fans jostling to get a glimpse of him, he said.

He slammed film personalities for making a beeline for Allu Arjun’s residence to meet him after his arrest but not showing empathy to visit the boy who is undergoing treatment in hospital after suffering injuries in the incident.

“I appeal to the top film personalities that they should not be inhuman,” he said.

He also said there won’t be any special privileges when untoward incidents like death in a stampede happen and said the government would not spare those who troubled common people.

A 35-year-old woman died and her eight-year-old son was hospitalised on December 4 during a stampede-like situation at the Sandhya Theatre in Hyderabad when thousands of fans jostled to have a glimpse of the actor at the premiere of the blockbuster ‘Pushpa 2,’.

Following the incident, the city police registered a case against Allu Arjun, his security team, and the theatre management under different sections of Bharatiya Nyaya Sanhita (BNS) at the Chikkadpally police station based on the complaint lodged by the deceased woman’s family.

Allu Arjun was arrested by the city police in connection with the death of the woman on December 13. The Telangana High Court granted him a four-week interim bail on the same day and he was released from the prison here on December 14 morning.

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Maharashtra

Maharashtra ‘foul deaths’: Grim Sharad Pawar meets kin of Beed Sarpanch, Parbhani Dalit man

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Beed/Parbhani (Maharashtra), Dec 21: As Maharashtra is politically rocked by two ‘most foul deaths’, Nationalist Congress Party (SP) President Sharad Pawar on Saturday visited the families of the victims – a murdered Sarpanch from Beed and a Dalit man of Parbhani found dead in judicial custody.

He was accompanied by NCP (SP) MPs Fauzia Khan (Rajya Sabha), Bajrang M. Sonawane (Beed) and Nilesh D. Lanke (Ahmednagar), besides MLAs Rajesh Tope (Ghansawangi) and Sandeep Kshirsagar (Beed), along with a large number of local units party leaders, workers and villagers.

Pawar, 84, took a helicopter to visit the two districts on Saturday – first going to Beed’s Massajog village whose Sarpanch (Headman) Santosh Pandit Deshmukh, 45, was abducted, brutally tortured and then killed on December 9, by some alleged political rivals when he attempted to foil a huge extortion racket at the AVG windmill company.

Subsequently, Pawar flew down to Parbhani where a Dalit man, Somnath Vyankat Suryawanshi, 35, a law student, was allegedly beaten by the police in the aftermath of the sacrilege of a statue of Dr B. R. Ambedkar (December 10), the subsequent violence and his arrest on December 12, and death in judicial remand on December 15.

In Beed, after lending a patient ear to the Sarpanch’s widow, mother, brother, daughter and other villagers, the NCP (SP) supremo readily agreed to foot the education bills of Deshmukh’s daughter Vaibhavi, and also assured all help for the family’s safe and secure future.

The Deshmukh family members broke down before Pawar and other visitors, accused the Beed Police of not conducting the probe properly, demanded that all the absconding accused must be arrested immediately and many from an adjoining village, and the suspected mastermind, Walmiki Karad still absconding 13 days after the killing.

Vaibhavi Deshmukh said she did not even get a final glimpse of her father who was ruthlessly beaten, and demanded that his killers should be given a similar tough punishment, and demanded justice for the family and the villagers, seeking that the trial be conducted in a fast track court.

Sonawane (MP from Beed), his eyes moist, said that there is an atmosphere of ‘terror’ in the village, when the Sarpanch could meet such a ghastly end, the people are wondering ‘whose turn will be next’.

Many have demanded the resignation of ruling NCP Minister Dhananjay Munde who is reportedly cosy with the fugitive prime wanted Walmiki Karad, a former Mayor of Parli Municipal Council.

Perturbed by the narrations, a distressed Pawar demanded that all the killers and the conspirators must be caught and taught a lesson, the Centre and state governments must take serious note.

“The masses are stunned, and they are people who contribute to the sugar industry in this region. What has happened is not acceptable as the Sarpanch was killed for something he was not connected with,” said Pawar grimly.

He said that there’s no need to bring in caste-community in this case, and pointed out how the NCP (SP) General Secretary Jitendra Awhad and Sandeep Kshirsagar raised the matter in the Legislative Assembly.

“You are not alone in this grief… we are with you, the lawyers are behind you. Please leave your fears behind. I shall convey your sentiments to the government. After Sonawane’s speech in Parliament plus Awhad and Kshirsagar’s statements in the Assembly, people were stunned and are asking what’s going on in different states in the country,” remarked Pawar.

In Parbhani, Pawar questioned the state government why violence was used when the crowds were protesting peacefully and said “this is not acceptable, justice for Suryawanshi’s death is non-negotiable”, while promising to submit the evidence handed over by the family to the CM and other authorities.

Condemning both the deaths, Pawar said that although the CM has announced several measures, compensation and probes, “nothing can bring back the two persons nor erase the grief of both the tragedy-hit families”.

Incidentally, after Pawar’s visits, his nephew and NCP President, Deputy CM Ajit Pawar also rushed to Beed and Parbhani this evening where he encountered angry crowds, and Congress Leader of Opposition in Lok Sabha will travel to Parbhani on Monday afternoon.

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Maharashtra

Maharashtra: Rahul Gandhi To Visit Parbhani On December 23, Meet Family Of Dalit Youth Who Died In Judicial Custody

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Mumbai, Dec 21: Leader of the Opposition in Lok Sabha Rahul Gandhi will visit Parbhani on Monday to meet the family of a Dalit youth who died under mysterious circumstances while in judicial custody last week, officials said here on Saturday.

Rahul Gandhi will reach Nanded by a special flight on Monday afternoon and from there drive to Parbhani to the home of the youth, Somnath Vyankat Suryawanshi and condole his family members.

Suryawanshi, 35, hailing from the Wadar community, was arrested in the violent incidents that ensued after the desecration of a statue of Dr B. R. Ambedkar near Parbhani Railway Station on December 10, by one ‘mentally disturbed’ person named Sopan Pawar.

After the violence, a tense shutdown was observed in Parbhani, while the local police swooped down and detained/arrested around 300 persons, mostly Dalits, including Suryawanshi on December 12.

Barely 72 hours later, he was found dead in judicial custody, sparking a massive furore with the Opposition Maha Vikas Aghadi (MVA) allies Congress-Nationalist Congress Party (SP)-Shiv Sena (UBT), Vanchit Bahujan Aghadi (VBA), CPI (Marxist), Republican Party of India (A), Republican Sena, Republican Party of India (K), and many other Dalit groups slamming the ruling Bharatiya Janata Party-Shiv Sena-Nationalist Congress Party MahaYuti regime for the incident.

Following the uproar inside the Maharashtra Legislature in Nagpur and outside, Chief Minister Devendra Fadnavis announced compensation for the bereaved family, ordered a judicial probe and appointed a Special Investigation Team of the police to get to the depth of the matter.

Earlier, the Parbhani Police had claimed that Suryawanshi had complained of chest pains and was rushed to hospital for treatment. However, a provisional autopsy report from the Government Medical College, Aurangabad had stated that he succumbed to “shock following multiple injuries”, snowballing into a huge political row.

The MVA and Dalit leaders had vociferously alleged that he was brutally beaten by the police and had succumbed to grave injuries, as was later confirmed by the provisional post-mortem report of December 16.

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