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Supreme Court To Hear Mosque Committee’s Plea In Shahi Eidgah- Krishna Janmabhoomi Dispute On January 15

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The Supreme Court would on January 15 hear a plea of the mosque management committee against an order rejecting its petition in the Shahi Eidgah- Krishna Janmabhoomi dispute in Mathura, UP.

A single judge bench of the Allahabad High Court on August 1, last year, rejected the plea of the Committee of Management, Trust Shahi Masjid Eidgah, challenging the maintainability of 15 cases related to the temple-mosque dispute in Mathura, and ruled the “religious character” of Shahi Eidgah needed to be determined.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, on December 9, last year commenced the final hearing in the case and the matter is set to come up before the bench on January 15, according to the SC website.

One of the Hindu parties, represented by advocate Barun Sinha, had argued the mosque committee could have moved the Allahabad High Court against the single judge’s order over the dispute.

He said the plea of the mosque committee was not maintainable in the top court at the present stage.

The lawyer referred to the Allahabad High Court rules and argued, “In view of Chapter 8 of the Allahabad High Court Rules, a special appeal before the division bench of the high court would be maintainable.”

He said an appeal in the Supreme Court was not “maintainable against the order of a single judge bench of the high court” and an intra-court appeal in the high court should have been filed. The lawyer therefore sought the plea to be dismissed.

On November 29, last year, the CJI-led bench agreed to hear the plea.

“This we will hear at length. We will take it up on December 9, at 2 pm… We have to decide what is the legal position,” the CJI said.

Speaking for the bench, the CJI prima facie felt that an intra-court appeal would lie against the single judge bench’s August 1 order of the high court.

“We will certainly give you an opportunity to argue,” the bench said.

The mosque committee said the suits filed by Hindu litigants over the dispute over the Krishna Janmabhoomi temple, and the adjoining mosque, violated the Places of Worship (Special Provisions) Act, and were therefore not maintainable.

The 1991 Act prohibits changing the religious character of any shrine from what existed on the day of the country’s Independence. The Babri Masjid-Ram Janmabhoomi dispute was however kept outside it purview.

The cases filed by the Hindu party side seek the “removal” of the Aurangzeb-era mosque, claiming it was built after the demolition a temple that once stood there.

The high court said the 1991 Act did not define the term “religious character” and the “disputed” place couldn’t have a dual religious character — of a temple and a mosque, which are “adverse to each other” — at the same time.

“Either the place is a temple or a mosque. Thus, I find that the religious character of the disputed place as it existed on August 15, 1947, is to be determined by documentary as well as oral evidence led by both the parties,” the high court said.

The high court concluded the cases did “not appear to be barred by any provisions of the Wakf Act, 1995, the Places of Worship (Special Provisions) Act, 1991, the Specific Relief Act, 1963, the Limitation Act, 1963 and Order XIII Rule 3A of the Code of Civil Procedure Code, 1908”.

Hindu side’s advocate Vishnu Shankar Jain had said his client would move the Supreme Court for vacating its stay on a previous Allahabad High Court order allowing the mosque’s survey.

The mosque management committee and the UP Sunni Central Waqf Board argued the suits were barred under Places of Worship Act and other laws.

On May 31, 2024, the Allahabad High Court reserved its judgment on the maintainability plea after hearing both sides.

But the court reopened the hearing at the request of Shahi Eidgah counsel Mehmood Pracha.

The Mathura dispute mirrors the legal tussle in Varanasi, where the Gyanvapi mosque and the Kashi Vishwanath temple are located next to each other.

National News

Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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National News

‘PM Narendra Modi Relies On Crutches Of Nitish Kumar And Chandrababu Naidu To Pass Waqf Bill”: AIMIM Chief Asaduddin Owaisi

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Hyderabad: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi spoke on the Waqf Amendment Bill 2024 and said that the BJP does not have a majority in the Lok Sabha, and if Chandrababu Naidu and Nitish Kumar oppose it, it won’t be passed.

While speaking to media, Asaduddin Owaisi said that PM Narendra Modi is relying on the crutches of Chandrababu Naidu and Nitish Kumar. He stated that Union Home Minister Amit Shah is spreading lies in the country regarding the Waqf Bill.

“Amit Shah is the Home Minister of the Government of India and his statement is proof of the fact that you trying to make an unconstitutional law which can be challenged in the court. This is a violation of the articles of the Constitution and the Waqf of the entire country will suffer because of it. You are removing the section of the Waqf property, who will benefit from it. You are omitting the revenue of lakhs of rupees. Amit Shah is lying to the country that you can challenge the Waqf Tribunal in the court. Prime Minister Narendra Modi relies on the crutches of Nitish Kumar and Chandrababu Naidu and if they do not support this unconstitutional bill, then this law will not be made”, Asaduddin Owaisi said.

Earlier on Friday, Owaisi supported the ‘black band’ protest against the Waqf (Amendment) Bill. Owaisi, who is also part of the JPC on the Waqf bill, joined in the symbolic protest on Friday by wearing a black armband as he offered prayers.

Meanwhile, Union Home Minister Amit Shah said on Friday that Waqf Amendment Bill, on which JPC has given its report, will be tabled in the Budget session of Parliament. The Budget session is slated to conclude on April 4.

“Nobody needs to get afraid of the Waqf Bill. In 2013, the Congress-led government passed the Waqf Bill and made several provisions that are not aligned with our Constitution. We are now trying to align the bill with constitutional principles,” he said.

Asked about Asaduddin Owaisi’s black arm band protest, Amit Shah said people have a right to do so. “Some do it through their clothes, some through their words. In Parliament, one opposes through logic,” he said.

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Crime

Accused in Saif Ali Khan stabbing case files bail plea, claims innocence

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Mumbai, March 29: Mohammad Shariful Islam Shahzad, the accused in the stabbing of Bollywood superstar Saif Ali Khan, has filed a bail petition in the Mumbai Sessions Court, asserting that he is innocent and the case against him is fabricated.

The attack took place in the early hours of January 16 when the accused allegedly entered Saif’s Bandra residence through his youngest son Jeh’s room.

The actor, who was reportedly trying to fend off the assailant, suffered multiple stab wounds. Despite his injuries, Saif managed to go to the hospital on his own, accompanied by his son Taimur.

Shariful Islam Shahzad’s petition, filed through his lawyer, claims that the FIR was wrongly registered and that he has fully cooperated with the police investigation.

His legal team argues that since all evidence is already in police custody, there is no risk of tampering, and therefore, he should be granted bail.

Currently, the case is being handled by the Bandra Magistrate Court, but it falls under the jurisdiction of the Mumbai Sessions Court. Once the police file a charge sheet, the case will be transferred to the Sessions Court. However, the charge sheet is yet to be filed.

According to media reports, doctors removed a 2.5-inch knife from Saif’s wound. The actor sustained six stab injuries, two of which were serious as they were near his spine.

The incident reportedly occurred around 2:15 am on January 16 when the accused broke into the house, attacked the house help, and then stabbed Saif when he intervened.

Saif was alerted by noises from Jeh’s room, where he found the accused in an altercation with the house help. Attempting to protect the staff, Saif fought off the intruder with his bare hands before being stabbed multiple times.

Investigations have revealed that the accused, a Bangladeshi national, intended to rob a wealthy individual to finance his mother’s medical treatment in his home country. He has a history of petty theft and was previously dismissed from restaurants in Worli and Thane for stealing.

It is also reported that the attacker was unaware of Saif Ali Khan’s celebrity status and targeted the residence purely because it was located in an upscale apartment complex.

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