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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.”

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BJP’s Pradeep Bhandari slams Cong after Dalit woman MLA attacked in Kerala

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New Delhi, Sep 5: Bharatiya Janata Party (BJP) National Spokesperson Pradeep Bhandari on Saturday lashed out at the Congress, accusing it of being “anti-Scheduled Caste” and “anti-women” after a Dalit woman MLA of the party was allegedly assaulted by Congress’ own workers in Kerala.

Posting a video of the purported incident on his official X account, Bhandari took a jibe at the grand old party, saying: “Congress smashing the patriarchy in Kerala.”

The BJP leader was referring to Lok Sabha Leader of Opposition (LoP) Rahul Gandhi’s ‘Smash the Patriarchy’ remark at his ‘Chhatron ki Goonj’ event in Pune.

“Their own Dalit woman MLA, Remya Haridas, attacked by own Congress workers,” Pradeep Bhandari said.

Accusing the grand old party, the BJP leader also added: “Congress is ‘Anti-SC’, ‘Anti Women’!”

Earlier on Saturday, BJP MP Sudhanshu Trivedi had also targeted Rahul Gandhi’s ‘Smash the Patriarchy’ remark, while referring to the low number of women Ministers in states ruled by the Congress and the removal of a woman Minister (Konda Surekha) from the Telangana Cabinet.

“By shouting ‘Smash Patriarchy, Smash Patriarchy’, they (Congress) are removing women Ministers one by one. On the other hand, highest number of women Ministers in India’s history are serving in Prime Minister Narendra Modi’s government,” Trivedi said during a press conference.

During the ‘Chhatron ki Goonj’ event in Pune on August 22, Rahul Gandhi had called women as the greatest strength of the nation.

“You are this country’s foundation, its future. Patriarchy crushes you, frightens you, controls you. We must work together to dismantle this patriarchy. Smash the patriarchy. My message to you, a simple message: be loud, be proud and fight for your space in society,” the Lok Sabha LoP said.

He asserted that women do not belong to anyone but themselves and urged young women to “break the cage”.

Rahul Gandhi added that while many view the economy or the military as India’s main strength, he believes the nation’s biggest asset lies in the ideas and dreams of its 70 crore women.

He emphasised that women naturally possess higher sensitivity, gentleness, and empathy.

Moreover, the Congress MP had criticised traditional frameworks like Manusmriti for confining women to rigid roles (such as solely being identified as a daughter, wife, or mother), saying: “Women do not belong to any man; you belong only to yourselves.”

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Nishu Azad case: Delhi court sends Swatantra Bharadwaj to one day police custody

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New Delhi, Sep 5: Self-styled “influencer” Swatantra Bharadwaj, who claimed to have physically assaulted a student protestor’s father during the Cockroach Janta Party (CJP)-led Jantar Mantar demonstration, was sent to one day police custody on Saturday after being arrested by the Delhi Police.

A day earlier, Bharadwaj was detained by Delhi Police in Uttar Pradesh’s Bulandshahr district.

On Friday, Delhi Police had assured to arrest the accused under sections of the POCSO Act, the SC/ST Act and attempt to murder, within 72 hours, following an agitation by the CJP outside the Parliament Street Police Station in New Delhi.

The CJP’s agitation was also joined by Azad Samaj Party chief and MP Chandra Shekhar, Purnea MP Pappu Yadav and Indian Youth Congress.

A controversy erupted after Bharadwaj, in a purported viral video, allegedly claimed to have assaulted the father of a minor protester, Nishu Azad, during the demonstration at Jantar Mantar and boasted that he was let off by the Delhi Police as he has “political connections”.

The agitators had sought the registration of an FIR against Swatantra Bharadwaj, under stringent sections and immediate arrest of the accused.

Meanwhile, Union Minister and LJP-RV chief Chirag Paswan, on Friday, claimed that his name has been “misused” by the accused in the purported viral video.

Paswan said that he has lodged an official complaint against the accused, identified as Swatantra Bharadwaj, and will ensure justice to the minor victim and her family.

“Understanding the seriousness of this matter, and because that person has misused my name along with the names of several politicians, I have filed an official complaint against him. At the same time, I have urged the Delhi Police that there should be a fair investigation into this matter,” he told reporters in Patna.

Moreover, the LJP-RV chief stated: “Me and my party takes the responsibility to ensure justice to them because allegations have been put on me that may be due to my support, along with that of other politicians; action was not taken against the accused. So now we will ensure that the truth comes out and also ensure strict punishment for the accused who was openly mocking the legal system.”

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Does constitutional guarantee of religious freedom no longer apply to Muslims: Owaisi on Saharanpur mosque demolition

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New Delhi, Sep 5: AIMIM President, Asaduddin Owaisi, on Saturday reacted to the demolition of a mosque at the Saharanpur Collectorate, questioning whether the constitutional guarantee of freedom of religion still applies to Muslims. He further said that “you cannot bulldoze our masjid just because you have an itch.”

Owaisi took to his social media ‘X’ and said, “The mosque in the Saharanpur Collectorate was demolished at 5 a.m. this morning. Does the constitutional guarantee of freedom of religion no longer apply to Muslims? Why is it that our places of worship are constantly bulldozed on flimsy grounds.”

“The mosque committee produced records going back to 1911 to establish its existence. Prayers have been offered there continuously for more than a century. This is the very definition of Waqf by User, which is still protected as Waqf under law,” he said in the post.

AIMIM President further said that the Limitation Act does not ordinarily allow the Government an unlimited period to wake up one fine morning and assert possession over immovable property.

He further said that the mosque came first, the collectorate later.

“There was more than a century of open, continuous and public possession? The State cannot pretend that this possession began yesterday, hence the principle of adverse possession would apply even if we concede to the state’s arguments. The mosque came first, the collectorate later,” he said.

Owaisi said that for some people, perhaps the very sight of a mosque causes pain.

“For some people, perhaps the very sight of a masjid causes pain. That is their problem, not ours. Look away if you must. You cannot bulldoze our masjid just because you have an itch. My religious freedom is not dependent on your mercy,” he added.

Meanwhile, the administration on Saturday demolished the mosque located within the Collectorate complex in Saharanpur, Uttar Pradesh, after the Muslim side’s appeal was rejected by the court.

Samajwadi Party MP, Iqra Hasan, was scheduled to travel to Saharanpur on Saturday morning, but she was placed under house arrest before she could leave. A large police contingent has been deployed outside her residence.

The development has further intensified the political debate in western Uttar Pradesh.

Speaking to media, Congress MP Imran Masood said, “Look, it’s not just about the mosque. It’s not just the mosque that has been affected; the law of the country and the Constitution are being violated. You cannot prove that the land belongs to you. Based on the Khasra records, you have claimed that this is government collectorate land. But even today, the collectorate land is recorded in the names of Waheed Khan and Yakub Khan, within whose zamindari the mosque was built. It is still registered in their names.

“The mosque is registered with the Waqf Board, but you did not make the Waqf Board a party. As far as Waqf by User is concerned, I was a member of the JPC, and Waqf by User establishes that it is a mosque. There are bills for it, prayers have been continuously offered there, and all these activities have been taking place.”

He further said, “That mosque has been there for the last 70 to 80 years. You had passed an order, and then the District Court passed its order within just one month. The appeal was heard and rejected. You neither listened to us nor gave us time. It is our fundamental right to raise this issue before a higher court, but you did not give us any time.”

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