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Gujarat govt won’t have to pay for repair of shrines damaged in 2002 riots: rules SC

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Gujarat govt won’t have to pay for repair of shrines damaged in 2002 riots: rules SC

[vc_row][vc_column][vc_column_text]Over 500 religious structures – a majority of them being mosques and Islamic shrines – were damaged in the post-Godhra pogrom of 2002. The Apex court accepted Gujarat government’s contention that spending public money for repair and maintenance of a religious structure will be against the country’s secular fabric

The Supreme Court, on Tuesday, set aside Gujarat High Court’s order, which had asked the state government to pay for repair of religious structures, mostly mosques and Islamic shrines, which were damaged during the 2002 post-Godhra riots.

A bench of Chief Justice Deepak Misra and Justice PC Pant, however, said that the state government’s scheme of paying (ex-gratia) compensation of Rs 50,000 for the repair of damaged residential and commercial structures will be applicable for the religious structures too.

Observing that the order of the Gujarat High Court was ‘not tenable in law’, the bench asked the state to release funds according to its ex-gratia scheme and not as per the HC order, which had also sought an assessment of actual cost of restoration according to which the state government had to provide funds.

Appearing for the state government, Additional Solicitor General (ASG), Tushar Mehta had reasoned that a judicial order directing use of public money for construction of places of worship will be “against the secular fabric of the country”.

Mehta informed the top court that state government was willing to pay from its ex-gratia scheme for repair and reconstruction works of various structures, shops and houses which were damaged.

After the Bench passed its order, Mehta told reporters: “Our plea (seeking quashing of the Gujarat HC order) has been allowed…This ex-gratia scheme (of the Gujarat government) has been accepted by the SC.”

In an earlier hearing, the Supreme Court had asked the parties in the case if it would be proper in a secular State to order compensation for rebuilding places of worship. “Money is required for economic growth… individual injury is a different thing where compensation is granted under Article 21 (right to life and liberty) of the Constitution. Can it happen in a diversified country that a state is distributing public money to build religious places?” it said.

Citing Article 27 in the Constitution, Mehta had told the SC that there was a prohibition against compelling people “to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination”.

Mehta maintained before the court: “What is prohibited, therefore, is use of state fund, which consists of payment of various taxes by citizens, for repair /reconstruction/construction of any place of worship of any religion.”

Gujarat govt won’t have to pay for repair of shrines damaged in 2002 riots: rules SC

Considered one of the worst riots that took place in India in the post-independence era, the 2002 pogrom claimed the lives of over 800 Muslims and around 250 Hindus, as per official figures. Those who have worked in the riot-affected areas, activists and social commentators, have for long claimed that the official death toll of the 2002 riots betrayed facts and that the actual number of killings exceeded 2000 people, mostly Muslims.

The riots have been seen as a reaction by Hindu radicals to the death of 57 Hindu pilgrims who lost their lives when a train they were travelling in was set on fire in Gujarat’s Godhra. The riots have been the biggest scar on the political innings of Prime Minister Narendra Modi, who was then the Gujarat chief minister. Activists, a section of the media and legal commentators have, since 2002, spoken about the complicity of the then Gujarat government in allowing the Hindu rioters to kill Muslims. The then junior minister for home in Gujarat, and now BJP national president Amit Shah along with several BJP leaders were accused in various cases related to the riots.[/vc_column_text][/vc_column][/vc_row]

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No one damaged EC the way Rajiv Kumar has done: Kejriwal on poisoning Yamuna remark notice

Failure to comply, the Commission warned, would result in appropriate action. The political stakes are undeniably high, with accusations flying between the AAP and the BJP-led Haryana government just days before a crucial election.

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Aam Aadmi Party (AAP) national convenor Arvind Kejriwal launched a scathing attack on Chief Election Commissioner (CEC) Rajiv Kumar on Thursday, accusing him of deliberately damaging the Election Commission of India’s credibility and engaging in partisan politics. The former Chief Minister said no one has damaged the election body the way Kumar has done.

The catalyst for this outburst was a notice issued by the CEC regarding Kejriwal’s allegations that the Haryana government was deliberately poisoning the Yamuna River, a crucial water source for Delhi.

Kejriwal, addressing a press conference, went on the offensive, claiming that Kumar’s actions were motivated by his desire for a lucrative post-retirement position. He vehemently declared, “No one has damaged the Election Commission the way Rajiv Kumar has done. If he wants, he can contest elections from any of the Delhi assembly seats,” challenging the CEC directly. His words carried a tone of defiance and a clear implication of political manoeuvring.

The core of Kejriwal’s accusations centred on the alleged contamination of the Yamuna River’s water supply to Delhi. He pledged to prevent Delhi’s residents from consuming the poisoned water, stating, “I will not let the people of Delhi drink poisonous water till I am alive. I know they will arrest me in two days, but I am not afraid,” underscoring his determination to fight the issue regardless of potential consequences.

This public confrontation followed the Election Commission’s expression of dissatisfaction with Kejriwal’s initial response to their notice. The Commission deemed his reply inadequate and gave him a second chance to substantiate his serious allegations against the Haryana government. The original reply, a 14-page document, detailed the alleged severe contamination and toxicity of the water from Haryana and the potential for serious health consequences and even fatalities.

The timing of this controversy is highly significant, coinciding with the upcoming Delhi elections scheduled for February 5th, with results to be announced on February 8. The Election Commission’s latest notice, issued on Thursday, demanded specific evidence by 11 AM on January 31st, including details of the type, quantity, and method of the alleged poisoning, along with precise information about the engineers involved and the methodology used for testing the water quality.

Failure to comply, the Commission warned, would result in appropriate action. The political stakes are undeniably high, with accusations flying between the AAP and the BJP-led Haryana government just days before a crucial election.

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Delhi elections: Swati Maliwal detained for dumping garbage outside Arvind Kejriwal’s residence

She emphasized that the protest wasn’t targeted at any specific party but rather at the systemic failure to address Delhi’s cleanliness crisis.

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On Thursday, Delhi Police took Rajya Sabha MP Swati Maliwal into custody for dumping garbage outside the residence of Aam Aadmi Party (AAP) national convener and former Delhi Chief Minister Arvind Kejriwal. This act of protest was a dramatic display of her discontent with the city’s deteriorating sanitation conditions.

Maliwal, once a close confidante of Kejriwal, has transformed into a staunch critic. This shift in allegiance followed an alleged assault at Kejriwal’s residence in May of the previous year, an incident that irrevocably altered their relationship. Since then, she has consistently seized opportunities to publicly lambaste Kejriwal and other AAP leaders, utilizing her platform to voice her grievances.

Her latest protest was meticulously planned. Earlier that day, she announced her intention to deliver three truckloads of garbage to Kejriwal’s doorstep, a symbolic gesture reflecting her assessment of Delhi’s current state. Speaking to the media following her detention, she delivered a scathing critique of the city’s cleanliness, characterizing it as an overflowing garbage bin.

https://twitter.com/SwatiJaiHind/status/1884901493918077281

“The whole city has turned into a garbage bin,” she declared. “I came here to have a conversation with Arvind Kejriwal. I would say to him, ‘Sudhar jao, warna janata sudhaar degi’ – ‘Reform yourself, or the people will reform you.'” She expressed complete disregard for potential repercussions, boldly stating, “I am neither afraid of his goons nor his police.”

Maliwal’s protest was not merely a personal vendetta. She framed it as a response to numerous citizen complaints, particularly those from residents of Vikaspuri who had reported an unaddressed garbage dump. She emphasized that the protest wasn’t targeted at any specific party but rather at the systemic failure to address Delhi’s cleanliness crisis.

“This protest is not against any party,” she clarified. “Today, Delhi is in an unprecedentedly bad state. Every nook and corner of Delhi is dirty, roads are broken, and drains are overflowing.” She used the opportunity to highlight the disconnect between the ruling party and the lived realities of Delhi’s citizens, asserting that Kejriwal has lost touch with the ground realities of the city he governs. The garbage, she declared, was a “filthy gift” from the AAP government to the people of Delhi.

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BJP’s Harpreet Kaur Babla wins Chandigarh mayor election

The INDIA bloc will undoubtedly need to address the internal fissures exposed by this election to effectively challenge the BJP’s dominance.

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The INDIA bloc, a significant Opposition, experienced a significant setback in the Chandigarh Municipal Corporation (CMC) mayoral elections on Thursday. Despite holding a seemingly comfortable numerical advantage, their joint candidate from the Aam Aadmi Party (AAP) and the Indian National Congress (INC), Prem Lata, lost to the BJP’s Harpreet Kaur Babla. This defeat highlights internal divisions and vulnerabilities within the Opposition coalition.

The election results revealed a surprising outcome. The BJP, possessing only 16 seats in the 35-member House, managed to secure 19 votes for their candidate, Harpreet Kaur Babla. The AAP-Congress alliance, with a combined strength of 19 councillors plus the additional vote of the Congress Member of Parliament from Chandigarh (an ex-officio member with voting rights), should have easily secured a majority. Their joint candidate, Prem Lata, however, only received 17 votes. The discrepancy strongly indicates significant cross-voting within the opposition ranks, undermining the INDIA bloc’s unified front.

The secret ballot nature of the election made it impossible to definitively pinpoint the defectors. Speculation abounds regarding potential reasons for the cross-voting, ranging from individual political ambitions to possible inducements or pressures from the ruling BJP. The loss raises serious questions about the coalition’s ability to present a cohesive and reliable challenge to the BJP in future elections. The incident serves as a cautionary tale, illustrating the fragility of alliances and the potential for internal conflicts to derail even seemingly insurmountable numerical advantages.

This setback is particularly poignant considering the history surrounding Chandigarh’s mayoral elections. The 2024 mayoral poll saw a Supreme Court intervention, overturning a BJP victory due to the then-presiding officer’s controversial invalidation of eight AAP-supporting ballots. This previous legal battle highlighted the contentious political climate in Chandigarh and the lengths to which parties are willing to go to secure victory.

The current defeat underscores the continuing volatility of the political landscape and the BJP’s persistent ability to navigate complex electoral scenarios. The INDIA bloc will undoubtedly need to address the internal fissures exposed by this election to effectively challenge the BJP’s dominance.

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