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SC tags Owaisi’s plea on Places of Worship Act with pending matters

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New Delhi, Jan 2: The Supreme Court on Thursday directed the tagging of a plea filed by AIMIM President Asaduddin Owaisi seeking implementation of the Places of Worship Act, 1991 with a pending batch of matters.

The 1991 Act 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.

At the very outset, a Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar ordered that Owaisi’s plea be tagged with the pending clutch of petitions, where it had imposed restrictions on registering new suits, delivering effective or final judgments, or ordering surveys in ongoing cases concerning mosques and shrines.

In an interim order passed on December 12, 2024, the CJI Khanna-led Special Bench had 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.

The Special Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had asked the Union government to file within four weeks its reply to the batch of petitions challenging the validity of the Places of Worship Act, 1991.

As per the computerised case status, the matter is tentatively listed for hearing on February 17.

On the other hand, several intervention/impleadment applications were filed before the Supreme Court seeking the dismissal of the petitions against the Places of Worship Act.

In its application, the Managing Committee of Varanasi’s Gyanvapi Mosque said the “consequences of declaring the 1991 Act unconstitutional are bound to be drastic and will obliterate the rule of law and communal harmony.”

It said that an Article 32 petition challenging a legislative enactment must indicate the unconstitutionality of the provisions based on constitutional principles and the rhetorical arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.

“As many as 20 suits are pending before different Varanasi courts seeking to nullify the protection accorded by the 1991 Act and to convert the character of the Gyanvapi Mosque and prevent access of Muslims to the mosque,” it said.

In a similar application, the Committee of Management of Mathura’s Shahi Masjid Eidgah said that the law was enacted by Parliament in the interest of the country’s progress, which has stood the test of time for more than 33 years.

The All India Muslim Personal Law Board (AIMPLB) had said that local courts were undermining the spirit of the 1991 Act by entertaining petitions and issuing orders concerning mosques.

“The manner in which local courts declared appeals admissible and issued orders on mosques and dargahs had made this Act ineffective. The Supreme Court has now stopped any effective or final decisions and prohibited survey orders until the next hearing,” added the AIMPLB.

National News

Cyclone Montha Effect On Mumbai: Thunderstorms, Gusty Winds Lash City & Coastal Maharashtra

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Under the influence of severe cyclonic storm “Montha”, which is over Bay of Bengal, the western costal regions including Mumbai have been witnessing change in weather conditions from last couple of days. The parts of the island city and its metropolitan regions continued witnessing thunderstorms and gusty winds on Tuesday.

The India Meteorological Department (IMD) in the evening issues a weather warning for rain spells with gusty winds gusty winds reaching at the speed of 40-50 kmph for the districts of Mumbai, Thane and Palghar. The region experienced similar weather on Monday evening too. The state is likely to witness similar weather conditions for the entire week.

The IMD has issued a Yellow Alert for thunderstorm accompanied with lightning, light to moderate rainfall & gusty winds (30- 40kmph) at isolated places for Maharashtra upto October 30. However, the unseasonal rainfall conditions will continue till November 1.

The IMD Mumbai’s state on Tuesday morning said, “The Severe Cyclonic Storm “Montha” over westcentral Bay of Bengal moved north-northwestwards with a speed of 12 kmph during past 6 hours. A through now runs from the upper air cyclonic circulation associated with the depression over eastcentral Arabian sea.” 

As per local weather forecast for Mumbai city and suburbs for the next 48 hours, the skies will be generally cloudy with possibility of thunderstorms accompanied with light to moderate rainfall and gusty winds. The maximum and minimum temperatures will be around 33 deg. C. and 25 deg. C.

The weather department of October 26 had issued a weather warning saying, “Under the influence of upper air cyclonic circulation, thunderstorms accompanied with lightning & gusty wind speed reaching 40-50 kmph are very likely to occur over parts of Maharashtra between 26-30 October. Fairly Widespread to Widespread moderate rainfall activity with Heavy rainfall at isolated places is expected over Konkan and Madhya Maharashtra during the above period. Isolated to scattered light/moderate rainfall accompanied with thunderstorms is expected over Marathwada, during 26 -29 October.” The fishermen are advised not to venture into sea. ‘

Cyclone Montha is a new cyclonic storm formed over the Arabian Sea and was expected to reach Andra Pradesh on October 28. 

The weather department has warned that low pressure area has formed over the Bay of Bengal, and the depression is likely to gain strength over the next few days, thereby affecting the weather conditions in several states. 

The cyclones in the North Indian Ocean region are given names from a predetermined list submitted by countries in the region. The name Montha was suggested by Thailand, which means fragrant flower or beautiful flower in the Thai language.

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Crime

K’taka CM urges police to join him in his mission to make state drug-free

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Bengaluru, Oct 28: Karnataka Chief Minister Siddaramaiah on Tuesday called upon the state police to join him in the mission to make Karnataka a “drugs-free state”, urging officers to take strong and coordinated action against the menace.

“My goal is to make Karnataka drugs-free, and I urge you to make it your goal as well. If we achieve this, the people of Karnataka will express their gratitude to the police department,” the Chief Minister said.

He was speaking after distributing new peak caps to police personnel, inaugurating the Anti-Narcotics Task Force, and releasing the ‘Sanmitra’ action plan handbook at an event organised by the Karnataka State Police Department at the Vidhana Soudha Banquet Hall in Bengaluru.

“Our youth, students, and young generation should not fall prey to drugs. The police department must take a firm and committed stand against this menace,” he said.

“In Mangaluru district, there were frequent communal clashes and instances of misconduct by police personnel earlier. The officers in charge at the time failed to maintain control, so I ordered the transfer of two officials. Now, Mangaluru district is under control. This achievement too belongs to our own officers and staff — they are not from another world; they are ours. Therefore, if you resolve to do it, everything is possible. Prove it through your work,” the Chief Minister urged.

“In the same way, it is possible for you to curb the menace of drugs across the entire state. If you succeed, the prestige of the Karnataka Police will rise to international standards,” he added.

“Some police personnel are involved with real estate operators and drug networks. It is within your power to nip rowdy elements in the bud. The fear of the police has diminished in the criminal world. Ask yourselves why this has happened — you know the answer,” Siddaramaiah said, appealing to the conscience of police officers and staff.

“You know who sells drugs, who brings them in, and who the agents in this network are. Make Karnataka a ‘Drugs-Free State’ at the earliest. Achieve it and show results,” he urged.

“The design of the peak cap released today was chosen by me personally. We have replaced the model that was in use since 1956 –nearly 70 years. Now, both officers and personnel will have a uniform cap design. I hope this change will boost your confidence,” the Chief Minister said.

“It’s not just the cap that should change — your performance should also improve,” he added.

The Chief Minister lauded the police department’s efficiency, saying, “The government earns a good name because of the police department’s dedication. The India Justice Report ranking Karnataka Police as number one in the country has enhanced the state’s prestige.”

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Crime

Bengal assault case: Daughter of arrested BJP leader files counter complaint claiming molestation

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Kolkata, Oct 28: After BJP leader Rakesh Singh and his children were arrested in connection with an assault case in West Bengal, his minor daughter on Tuesday filed a counter-complaint of molestation against the son of the flat owner, on whose complaint her father was held.

The police said flat owner Chandu Khan’s son has been arrested, based on a complaint lodged by the BJP leader’s daughter.

Kasba Police said that all the arrested will be produced in court later in the day, where police custody of the accused will be sought.

According to sources, the police are investigating whether Rakesh Singh’s minor daughter also had any role in the incident on Monday.

“We have received a counter-complaint today. The BJP leader’s daughter has made the complaint. The accused has been arrested on charges of molestation. We are investigating both incidents. Separate cases have been registered. Investigation is on,” said a senior officer of Kolkata Police.

Kolkata Police arrested Rakesh Singh and his son on charges of going on a rampage inside a housing complex in the Kasba area of Kolkata on Monday.

The police had also detained the minor daughter of the BJP leader over the same charge.

According to flat owner Chandu Khan’s son Rajarshi Khan, “Rakesh Singh has a flat on the fourth floor. He has forcibly occupied our flat on the third floor. He has kept his belongings there. I have repeatedly asked him to remove the belongings. But, he did not remove them. We were taking the workers today and putting their belongings down because we were paying rent. Then eight to nine people came and beat my father and brother. They had firearms in their hands. They beat them with gun butts. My father had to be admitted to the hospital. They also attacked me with a knife.”

However, the daughter has now filed a molestation case against the son of the flat owner.

In September, Rakesh Singh was arrested for vandalism at the West Bengal Pradesh Congress Committee (WBPCC) office in central Kolkata. Later, he was released on bail.

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