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SC refuses to entertain fresh PIL against Places of Worship Act 1991

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New Delhi, April 1: The Supreme Court on Tuesday declined to entertain a public interest litigation (PIL) challenging the constitutional validity of a provision of the Places of Worship Act, 1991.

In the alternative, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar suggested the PIL litigant to move an intervention application in the pending clutch of pleas challenging the validity of the contentious law, which prohibits 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 CJI Khanna-led Special Bench, in an interim order passed on December 12, 2024, 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.

As per the latest petition filed through advocate Shweta Sinha, Section 4(2) of the 1991 Act is manifestly arbitrary, irrational and violative of Articles 14, 21, 25, and 26 of the Constitution.

“This provision not only closes the doors of mediation but also takes away the power of the judiciary. The legislature cannot take away the power of the judiciary to preside over disputes. This has been done through colourable legislation,” stated the plea.

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

“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,” it added.

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Supreme Court rebukes Telangana CM over statement made in Assembly

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New Delhi, April 2: The Supreme Court on Wednesday rebuked Telangana Chief Minister A. Revanth Reddy over his statement made in the state Assembly, saying he was making mockery of the anti-defection law.

The Chief Minister had stated that there would be no by-elections even if the MLAs of the opposition Bharat Rashtra Samithi (BRS) defect to the ruling Congress.

“If this is said on the floor of the house, your Hon’ble CM is making a mockery of the 10th Schedule,” the bench of Justices B.R. Gavai and A.G. Masih, slamming the Chief Minister while hearing petitions filed by BRS leaders, seeking disqualification of BRS MLAs who defected to Congress last year.

BRS MLA P. Kaushik Reddy had filed the petition seeking the disqualification of MLAs T. Venkata Rao, Danam Nagender, and Kadiyam Srihari for defecting to the Congress after winning the election on BRS tickets.

The Telangana High Court, in November last year, directed the Speaker of the Telangana Assembly to decide on the disqualification petitions within a ‘reasonable time’.

Later, Kaushik Reddy and another BRS MLA K. Pandu Vivekananda and BJP MLA A. Maheshwar Reddy filed separate petitions in the Supreme Court, seeking direction to the Speaker to decide on the disqualification petitions in a time-bound manner.

The Supreme Court is also hearing the petition of BRS Working President K. T. Rama Rao, seeking the disqualification of seven other BRS MLAs who switched loyalties to Congress.

During the hearing on the petitions on Wednesday, counsel for the petitioners C. Aryaman Sundaram brought to the court’s notice the statement made by the Chief Minister in the Assembly on March 26.

Appearing for the respondents, senior advocate Mukul Rohatgi argued that Assembly proceedings were not in question in the present case.

Justice Gavai suggested that the senior lawyer warn the Chief Minister against making such controversial statements in the legislature.

“We know we are slow in issuing contempt notices, but we are also not powerless,” he said.

The bench observed that statements made in legislatures have sanctity.

“When politicians say something in the Assembly, it has got sanctity. In fact, the judgments say that when we interpret laws, the speech given on the floor of the House can be used for interpreting,” it said.

Justice Gavai told Rohatgi to warn the Chief Minister against repeating the mistake.

The judge was apparently referring to the CM’s remark made in August last year about the bail granted to BRS MLC K. Kavitha in Delhi liquor policy case. Revanth Reddy had reportedly stated that Kavitha could secure bail within five months as the vote bank of the BRS was transferred to the BJP.

“Do we pass our orders in consultation with political parties? We are not bothered about which party politicians belong to… We are not bothered by politicians’ criticism of our orders. We do our duty as per the Constitution and our oath,” Justice Gavai had said while addressing Rohatgi and Siddharth Luthra, appearing for Revanth Reddy.

After the Supreme Court faulted the Chief Minister for his remarks, he unconditionally expressed his regret.

Speaking in the Assembly last month, the Chief Minister told BRS MLAs who switched loyalties to the Congress that they need not worry as by-elections will not be held.

The Chief Minister stated that during the BRS rule, turncoats took oath as ministers and no by- elections were held in the previous government. “How will by-elections be held now?” he asked.

The Chief Minister’s statement drew a strong reaction from the BRS leader Rama Rao, who had said that they would bring this to the court’s notice.

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Bengal Police unnecessarily creating panic over Ram Navami: BJP

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Kolkata, April 2: A senior leader of BJP from West Bengal, on Wednesday, accused the West Bengal Police of creating unnecessary panic among common people over the forthcoming Ram Navami festival.

BJP’s former national vice-president and former party Lok Sabha member Dilip Ghosh said that the decision of the police authorities to cancel the leaves of all cops, except for emergency reasons, from April 2-9 was unnecessary.

“Such panic-driven decisions are prompted only during Hindu festivals. The police should take care of those who create trouble. Hindus are well organised and they perform their religious rituals peacefully. Lakhs of people participate in Durga Puja, and no tension is created. It has become a habit of the ruling party to create tension and panic,” Ghosh said.

He also said that the chances of untoward incidents over the Ram Navami processions will not be there if the police strictly handle those who want to create tension on the occasion.

Last week, two senior officials of West Bengal Police told media persons that they have got specific intelligence inputs on some vested interests trying to instigate violence in the coming days, especially targeting the forthcoming Ram Navami festival.

“There are plans to instigate people through different posters or posts. The police are on alert. There might be attempts to instigate tension among people from different communities, especially focusing on the occasion of Ram Navami. We requested people not to get instigated. There is no need to worry. But at the same time, we also request people to alert the local police in case they notice any suspicious activities in their respective areas,” said Additional Director General (South Bengal) Supratim Sarkar on March 29.

Recently, there were reports of communal clashes from Mothabari in Malda district.

Recently, the Leader of the Opposition in West Bengal, Suvendu Adhikari, said at least 2,000 rallies, big and small combined, will be brought out on the occasion of Ram Navami this year.

He also said that participants at the rallies on Ram Navami this year will be double compared to last year.

“Ram Navami will be celebrated this year in a major way. I will be there on the streets on that day. Last year, around 50 lakh Hindus were on the streets to participate in rallies on the occasion of Ram Navami. Last year, there were 1,000 rallies. This year there will be 2,000 rallies and around one crore Hindus will participate in those rallies this year,” he claimed.

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Maha govt transfers seven bureaucrats in a minor reshuffle

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Mumbai, April 2: In a minor reshuffle, the Maharashtra government on Wednesday transferred seven bureaucrats.

Nishi Pandey, an IAS officer of the 2001 batch, has been posted as Managing Director of Maharashtra Small Scale Industries Development Corporation.

Laxminarayan Mishra, an IAS officer of the 2012 batch, has been posted as Joint Managing Director of Maharashtra State Road Development Corporation.

Bharat Bastewad, an IAS officer of the 2013 batch and CEO of Raigad Zilla Parishad, has been appointed Commissioner of the Mahatma Gandhi National Rural Employment Guarantee Scheme at Nagpur.

Indurani Jakhar, an IAS officer of the 2016 batch, who is the Municipal Commissioner of Kalyan-Dombivali Municipal Corporation, has been posted as Collector, Palghar district.

Vasumana Pant, an IAS officer of the 2017 batch, who is Director General, VANAMATI, Nagpur, has been posted as Additional Municipal Commissioner, Nagpur Municipal Corporation.

Vaishnavi B, an IAS officer of the 2019 batch, who is Chief Executive Officer, Akola Zilla Parishad, has been posted as Additional Municipal Commissioner, Nagpur Municipal Corporation.

Neha Bhosle, an IAS officer of the 2020 batch, has been posted as Chief Executive Officer, Raigad Zilla Parishad.

Earlier, on March 25, the state government transferred five IAS officers.

The state government posted B. H. Palawe, an IAS officer of the 2013 batch, who is Chief Executive Officer, Zilla Parishad, Palghar, as the Managing Director, Maharashtra State Financial Corporation, Mumbai.

Manoj Ranade, an IAS officer of the 2014 batch and the Director of Municipal Administration, Mumbai, was appointed Chief Executive Officer, Zilla Parishad, Palghar.

Shubham Gupta, an IAS officer of the 2019 batch and the Municipal Commissioner of Sangli-Miraj-Kupwad City Municipal Corporation, was posted as Member Secretary, Vidarbha Statutory Development Board, Nagpur.

Anjali Ramesh, an IAS officer of the 2020 batch, after transfer of cadre from Madhya Pradesh, was appointed Chief Executive Officer, Zilla Parishad, Hindoli.

Zenith Chandra Deonthula, an IAS officer of the 2022 batch, who is Assistant Collector, Varora Sub-Division, Chandrapur, was posted as Project Officer, ITDP, Kinwat, and Assistant Collector, Kinwat Sub-Division, Nanded.

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