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Centre moves Supreme Court for transfer of land near Ayodhya disputed site for access to it

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babri masjid supreme court

[vc_row][vc_column][vc_column_text]In a move that would help BJP enthuse its core Hindutva voters for the upcoming 2019 Lok Sabha elections, the Narendra Modi government today (Tuesday, Jan 29) moved the Supreme Court to allow it to return 67-acre acquired land around the disputed Ram Janmabhoomi-Babri Masjid site to the original owners, Ram Janmabhoomi Nyas.

The Centre said it had acquired 67 acres of land around the 2.77 acre disputed Ram Janmabhoomi-Babri Masjid site.

Ram Janmabhoomi Nyas is a trust founded by the Vishwa Hindu Parishad (VHP) to promote and oversee the construction of the Ram temple.

The Centre said that the excess land will be used to provide ingress and exit paths to the disputed site. It said that it doesn’t want that whosoever wins the title suit is impeded of entry and exit (to the disputed site) because of lack of release of the said land.

The move comes while BJP’s Sangh parivar affiliates mount pressure Supreme Court and the government to decide in favour of building Ram temple at Ayodhya. In what would perhaps be a brazen case of contempt of court, RSS leader Indresh Kumar went to the extent of accusing ‘two-three judges’ of stalling a decision on Ayodhya case and calling for a ‘halla bol’ at their houses.

Surprisingly, there was not a squeak from any section about this, and the Supreme Court chose to ignore it. Rather, the Union Law Minister joined the clamour in telling the Supreme Court to decide expeditiously in favour of Ram temple.

The Supreme Court is still to decide when it would start hearing the Ayodhya title dispute case – the petitions challenging the Allahabad high court verdict of 2010 that had ordered a three-way division of the disputed 2.77 acre area at Ayodhya among the parties: the Sunni Waqf Board, the Nirmohi Akhara and the Lord Ram Lalla.

The Supreme Court’s proposed sitting today to decide on it was put off earlier on Sunday due to unavailability of one of the judges on the bench designated to hear the case: Justice SA Bobde, was not available for medical reasons.

Now the Modi government has asked the Supreme Court to dilute its earlier order which had said that the Centre must maintain status quo on the 67.7 acres of land it had acquired at the site back in 1993.

The Centre wants the court to allow transfer of a major chunk of the land – except the 0.313 acres on which the Babri Masjid stood – to the Ram Janmabhoomi Nyas, one of the parties in the title suit which is leading the campaign for construction of the Ram Mandir.

The Modi government has said that the original landowners, which included 42 acre of acquired land of the Ram Janmabhoomi Nyas, were “entitled” to get their land back and the Centre is “duty bound” to return to Ram Janmabhoomi Nyas and other owners the land adjacent to the disputed site in Ayodhya.

“It is respectfully submitted that the acquisition took place in the year 1993 and 25 years have passed, the original landowners whose land, which were not in dispute but were still acquired, are entitled to get it back and the Central government is duty bound to restore/revert/hand over the same land,” reads the Centre’s application that was filed with the apex court registry, on Monday (January 28).

The prayer in the application reads: “Permit the Central government to restore/revert/hand over back superfluous/excess vacant land (other than the disputed land measuring 0.313 acres) to the owners/occupiers from whom the respective lands were acquired under the Act of 1993”. It may be recalled that the 67.7 acres of land at the Babri Masjid site and its vicinity was acquired by the Centre in 1993 through the controversial Acquisition of Certain Area at Ayodhya Act.

“The Hon’ble Court be pleased to modify the order dated 31.3.2003 passed in the captioned matter so as to enable the central government to determine the exact extent of land required from out of the superfluous/excess land to ensure that successful party in the dispute pending regarding the ‘disputed land’ can have proper access to and enjoyment of rights in the disputed land. This applicant undertakes that each and every concern expressed by this Hon’ble Court in Ismail Faruqui (supra) and other judgments referred to above will be scrupulously taken care of,” the application states further.

The application by the Centre comes at a time when the ruling BJP’s parent organization – the Rashtriya Swayamsevak Sangh (RSS) and its ideological allies like the Vishwa Hindu Parishad (VHP) and Bajrang Dal have been demanding that the Modi government by pass the legal proceedings in the pending Ayodhya title suit and bring in an ordinance to enable construction of the Ram Mandir at the disputed site.

Though Prime Minister Modi had, in a recent interview, claimed that his government would wait for a resolution of the dispute by the Supreme Court before taking any steps that allow construction of the Ram Mandir, his colleagues in the government do not seem to share the same view.

The application comes days after Union law minister Ravi Shankar Prasad nearly commanded the Supreme Court to rule favourably for construction of the Ram Mandir. Stating that the court must begin proceedings in the title suit without delay, Prasad had said: “The Ayodhya case has been pending for the last 70 years. The Allahabad High Court order was in favour of the temple (in 2010), but then it is on hold in the Supreme Court now. This matter should be cleared soon.”

The law minister’s comment came close on the heels of the hearing in the case by a Constitution Bench being delayed once again due to the “non availability” of Justice SA Bobde, one of the judges on the five-judge constitution bench headed by Chief Justice Ranjan Gogoi which was to begin proceedings in the case on January 29.

If the Supreme Court grants the Centre’s request and the Modi government hands over at least 42 acres of the 67.7 acres of acquired land to its original owners – the Ram Janmabhoomi Nyas, the preliminary groundwork for construction of the Ram Mandir may commence before the Lok Sabha polls begin in April-May.

At a time when it has failed to fulfil its promises on development front, this would be another ‘major’ instance after the Sardar Patel statue where the Modi government has been successful.[/vc_column_text][/vc_column][/vc_row]

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Yogi Adityanath hits back after Akhilesh Yadav says organising cabinet meeting at Kumbh is political

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

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The political atmosphere in Uttar Pradesh sizzled as Chief Minister Yogi Adityanath launched a blistering attack on Samajwadi Party leader Akhilesh Yadav, accusing him of disrespecting the Maha Kumbh and the religious sentiments of the Indian people. This sharp rebuke, delivered during a public rally in Milkipur ahead of crucial by-elections, followed Yadav’s criticism of the state government holding a cabinet meeting at the Kumbh Mela site.

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

He further escalated his attack, painting the Samajwadi Party as being mired in internal property disputes and insinuating connections to criminal elements, thereby attempting to discredit Yadav’s criticisms as coming from a morally compromised position.

Yadav’s initial criticism focused on the perceived impropriety of holding a cabinet meeting within the sacred space of the Kumbh Mela. He argued that the government was inappropriately using a religious event for political purposes, a charge that Adityanath vehemently rejected.

The Uttar Pradesh cabinet meeting itself was significant. All 54 ministers attended, approving numerous development schemes designed to boost Prayagraj and the surrounding region.

A key announcement involved extending the Ganga Expressway, a crucial infrastructure project designed to connect Prayagraj, Mirzapur, Bhadohi, Kashi, Chandauli, and ultimately, the Purvanchal Expressway in Ghazipur. This ambitious project, Adityanath claimed, would significantly contribute to sustainable development in the region.

Logistical adjustments were made to minimize disruption to the Kumbh Mela pilgrims. The cabinet meeting’s venue was shifted from the Mela Authority Auditorium to the Triveni Sankul in Arail to avoid inconveniencing devotees and managing the security arrangements for the VIP attendees.

The day concluded with Adityanath and his entire cabinet participating in the Kumbh Mela’s sacred rituals, taking a ceremonial dip in the Triveni Sangam. This highly publicized event, mirroring a similar participation in 2019, served as a powerful visual counterpoint to Yadav’s earlier criticism. The event simultaneously showcased the government’s commitment to religious traditions while promoting its developmental agenda.

The clash between Adityanath and Yadav underscores the deep political divisions and the strategic use of religious symbolism in Uttar Pradesh’s political landscape. The Maha Kumbh, a significant religious event, became a battleground for political point-scoring, highlighting the complex interplay between religion and politics in the state.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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