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SC gives Centre two weeks to file affidavit on plea against Places of Worship Act

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The Centre on Friday undertook before the Supreme Court that it will respond within two weeks on petitions challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991.

In March last year, the apex court had sought Centre’s response on petitions challenging the provisions of the Act, but it is yet to file its response.

A three-judge bench, headed by Chief Justice Uday Umesh Lalit, specifically asked Solicitor General Tushar Mehta, representing the Centre, whether the Central government will file its response in the matter or not?

The bench, also comprising Justices S. Ravindra Bhat and P.S. Narasimha, noted that a notice was issued on the petition filed by advocate Ashwini Upadhyay long ago, and queried Mehta, has the Centre filed any response in the matter? Mehta said the government will file its response.

Advocate Vishnu Shankar Jain, representing a petitioner, submitted before the bench that the right of judicial review of the Act, cannot be taken away and relied on judgment in Minerva Mills.

BJP leader Subramanium Swamy, a petitioner in the matter, emphasized on reading down the Act so that along with Ram Janmabhoomi, the Kashi Vishwanath and Mathura matters can also be taken up.

Senior advocate Rakesh Dwivedi, representing a petitioner, said the question of reading down will arise only if it is found that the Act is not ultra vires of the Constitution.

After hearing submissions, the top court permitted all the applications, including the plea filed by Jamiat Ulama-i-Hind, to intervene in the hearing of the pleas challenging the validity of the Places of Worship (Special Provisions) Act, 1991, which prohibits the filing of a lawsuit to reclaim a place of worship or changing its character from what prevailed on August 15, 1947.

It noted that a bench of two judges of this court had issued notice in the matter in March 2021, thereafter this petition has been coming up on a few occasions. However, the Union of India has not put in any response, it added.

The bench said the matter be heard by a three-judge bench on October 11 and asked the parties to complete the pleadings before the hearing. It said the Solicitor General has been granted two weeks to file an affidavit.

On March 12, 2021, a bench headed by then Chief Justice S.A. Bobde had sought the Centre’s response on the plea filed by Upadhyay challenging the validity of certain provisions of the law.

Upadhyay’s 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 to make law to take away fundamental rights but the 1991 Act takes away the rights of Hindus Jains Buddhist Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by barbaric invaders.”

National News

Delhi Man, 10-Yr-Old Nephew Shot Dead On Diwali Night In Shahdara

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Delhi: A 40-year-old man, Akash Sharma, and his teenage nephew, Rishabh Sharma, were tragically shot dead, while Akash’s 10-year-old son, Krish, sustained injuries during a Diwali celebration outside their home in Shahdara in northeast Delhi.

The incident occurred on Thursday around 8 pm when two armed men arrived on a scooter and initially appeared respectful, even touching Akash’s feet. Moments later, they opened fire on Akash, Rishabh and Krish.

CCTV Footage Catches Shocking Scenes Of Firing

CCTV footage of the incident captured exact moments of the firing when the deceased Akash, his son and nephew were engaged in Diwali celebrations outside their house. Two people arrived on a two-wheeler, one got down and started a conversation with them. He then takes out his gun and open fires on Akash. One of the teenagers follows the attackers as they flee from the scene after the firing.

After the shooting, the three were rushed to a hospital where Akash and Rishabh were pronounced dead. Krish, who suffered injuries, is currently undergoing treatment. Shahdara Deputy Commissioner of Police (DCP) Prashant Gautam confirmed that the police received a PCR call around 8:30 pm reporting gunfire in Bihari Colony.

A team was immediately dispatched to the scene, where they found bloodstains and evidence of gunfire. According to DCP Gautam, the preliminary investigation indicated that five rounds were fired at the victims.

Possible Reason Behind Firing

Akash’s wife stated that she recognised the attackers and mentioned that there had been an ongoing land-related conflict between their families. Local police have taken statements from family members to further explore the motive and background of the attack.

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Crime

West Bengal: Youth Arrested For Rape Of Deaf & Mute Woman In South 24 Parganas’ Kultali

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Kolkata: A youth was arrested on the charges of raping a deaf and mute woman at a deserted building in Kultali in South 24 Parganas district of West Bengal.

Even as the main accused in the case has been arrested, the local people had been agitating claiming that a local Trinamool Congress panchayat chief Prahlad Nashkar allegedly pressurised family members of the victim to settle the matter against Rs 2,00,000.

However, Nashkar has denied the allegations, saying he was the first to reach the spot and inform the family members of the victim about the incident.

Complaint Filed

The victim’s family members filed a complaint on Wednesday evening. Thereafter, the police started an investigation and based on circumstantial evidence, the accused youth was arrested.

He will be presented at a district court in South 24 Parganas on Thursday only and the public prosecutor will seek his police custody, a district police official said.

Part Of Kultali & Jaynagar Turn Into Virtual Battlefields

In the first week of this month, part of Kultali and adjacent Jaynagar turned into virtual battlefields over violent protests by the local people over the rape and murder of a minor girl there.

At that point in time, the main allegation of the local people was against the police and the latter ignored the missing complaint by the parents of the victim. The local people also alleged that had the police been active in tracking the victim minor, the heinous crime could have been averted.

The protesters became violent and attacked the police station. A local police camp was ransacked and set on fire. The police had to resort to massive lathi-charge to dispel the mob then.

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National News

Gujarat: PM Modi Pays Tribute To Sardar Vallabhbhai Patel On His 150th Birth Anniversary At Statue Of Unity, Attends Unity Day Parade

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Gujarat: PM Modi Pays Tribute To Sardar Vallabhbhai Patel On His 150th Birth Anniversary At Statue Of Unity, Attends Unity Day Parade

Narmada (Gujarat): Prime Minister Narendra Modi paid tribute to Sardar Vallabhbhai Patel on his birth anniversary at the Statue of Unity in Kevadia, Gujarat, on Thursday.

After honouring Patel, the Prime Minister administered the Unity Oath and attended the ‘Rashtriya Ekta Diwas’ parade or the Unity Day Parade at the Parade Ground in Kevadia.

Earlier today, Prime Minister Modi paid tribute to Sardar Vallabhbhai Patel on his 150th birth anniversary, stating that Patel’s work continues to inspire future generations.

Tweet Of PM Modi

“My salutations to Bharat Ratna Sardar Vallabhbhai Patel on his birth anniversary. Protecting the unity and sovereignty of the nation was the top priority of his life. His personality and work will continue to inspire every generation of the country,” PM Modi said on X.

About Ekta Diwas Parade

Ekta Diwas Parade comprises 16 marching contingents from nine states and one UT, four Central Armed Police Forces, NCC and a marching band. Special attractions include a Hell March contingent of the NSG, daredevil show by BSF and CRPF women and men bikers, a show on combination of Indian Martial Arts by BSF, a piped band show by school children and ‘Surya Kiran’ flypast by Indian Air Force.

Sardar Vallabhbhai Patel’s birth anniversary is celebrated as National Unity Day or Rashtriya Ekta Diwas on October 31. Since 2014, this day has been marked by ‘Run for Unity’ events nationwide, which is participated by people from all walks of life.

Who Was Sardar Vallabhbhai Patel?

Born on October 31, 1875, in Nadiad, Gujarat, Sardar Patel is credited with uniting all 562 princely states of pre-independent India, helping to establish the Republic of India. He served as the country’s first Deputy Prime Minister and Home Minister from 1947 to 1950. He passed away on December 15, 1950.

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