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Curative plea raises query over addenda in SC Ayodhya order

The petition, filed by Peace Party chief Mohammed Ayub, has urged the top court to reconsider its decision.

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Ayodhya Babri Masji Supreme Court

New Delhi, Jan 21 : A curative petition, filed in the Supreme Court challenging the Ayodhya order, also questions the unknown addenda that focus on relevance of the Hindu faith, associated with the dispute, at the end of the main judgement.

Curiously, the five-judge Bench delivered the unanimous verdict, but an addendum was added by an unknown author.

The petition, filed by Peace Party chief Mohammed Ayub, has urged the top court to reconsider its decision.

On November 9, the Supreme Court granted the disputed site to the Hindu side for construction of a temple and on December 11 dismissed the review petitions. Ayub had also filed a review petition.

The curative petition contends the purpose of the addenda is not known. “A judgment may be delivered unanimously or it may be divided into a number of majority, concurring, plurality, and dissenting opinions. However, curiously, while the judgment was delivered unanimously and signed by all the five judges, one of them seems to have recorded a different reasoning,” it said.

One of the five judges has offered a separate perspective on the question of birth of Lord Ram. Though the judgment doesn’t name the author, the observation has been included as addendum. The author felt for Hindus faith was important.

The petition queries the nature of association of this addendum with the main order. “Does it form a part of the judgment and law under Article 129? In normal practice, an addenda specify if it’s an integral part of the main document,” said the petition.

The petition contends a reasonable inference that can be drawn that since there is no such declaration, it’s not an integral part of the judgment. “However, it begs the question what’s the purpose of adding addenda, if the judgment is unanimous and not a concurring opinion,” it said.

“…the conclusion that faith and belief of Hindus since prior to construction of mosque and subsequent thereto has always been that Janmasthan of Lord Ram is the place where Babri Mosque has been constructed, which faith and belief is proved by documentary and oral evidence discussed…,” the addendum said.

The author observed that evidence on record clearly established the Hindus’ faith and belief that the mosque was constructed at the birth place of Lord Ram, and the three-dome structure was the birth place of the deity.

“The fact that Hindus were, by constructing iron wall dividing the mosque premises, kept outside the three-dome structure can’t be said to alter their faith and belief regarding the birth place of Lord Ram. The worship on the Ram Chabutra (platform) in the outer courtyard was symbolic worship of Lord Ram who was believed to be born at the premises,” said the judge.

The author also observed it was only during the British period that a grill was built, dividing the walled premises of the mosque into an inner courtyard and outer courtyard.

“Grilled iron wall was constructed to keep Hindus outside the grilled iron wall in the outer courtyard. In view of the construction of the iron wall, the worship and puja started at Ram Chabutra in the outer courtyard. The suit of 1885 was filed seeking permission to construct temple on the said Chabutra where worship was permitted by the British,” said the judge.

The curative petition claimed the award of the title should have been based on exclusive and unimpeded possession. “Muslims were in possession of the mosque till it was desecrated and the Hindus came to be in possession of the mosque by illegal acts and the same can’t be equated to lawful possession,” it said.

The petitioner contended the top court judgement had errors of consequential import.

(Sumit Saxena can be contacted at [email protected])

India

Modi, Shah can’t always help, RSS cautions BJP

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Modi and Amit Shah

New Delhi, Feb 20 : “A bad candidate cannot claim a premium just because the party he belongs to is good. An evil is an evil…” This commentary on BJP is not by any opposition leader but from within.

RSS’ English language mouthpiece ‘Organiser’ has come up with a scathing observation, quoting Deendayal Upadhyaya, on the BJP, it’s Delhi unit and the candidates who were launched in the poll fray in the aftermath of a humiliating loss in the national capital.

In a no-nonsense approach, the author asserted that the BJP as an organisation needs to understand that Amit Shah and Narendra Modi “cannot always help out”.

“Narendra Modi and Amit Shah cannot always help out in the Assembly level elections and there is no option but to rebuild the organisation in Delhi to address the local aspirations,” read the article.

The article titled ‘Delhi’s Divergent Mandate’ authored by its editor Prafulla Ketkar called for understanding the “context of city-state voting behaviour” in Delhi. The article says the answer lies in the changing character of aspirational Delhi.

Stating that the ‘Shaheen Bagh narrative’ failed for the BJP because Arvind Kejriwal steered clear of it. But taking a dig at the saffron avatar of Kejriwal, the author subtly asks BJP to keep a watch on him. He asks, “This genie of Muslim fundamentalism experimented under the pretext of CAA may create a new testing ground for Kejriwal. How does Kejriwal respond to this danger? How far was his chanting of Hanuman Chalisa genuine?”

It was reported earlier that both the Sangh and VHP are content with the Hindu-centric politics that forced Kejriwal to adapt to the changing trend. But Ketkar is apprehensive that it’s not ‘genuine’ side of the AAP.

He sent out a clear message to the Delhi unit: you failed. The apparent failure of BJP to revitalise the organisational structure at the grassroots level after 2015 was recognised as one of the prominent reasons for the poll debacle in which BJP secured just eight seats as AAP swept to power with 62 seats.A

After the defeat, the BJP went into multiple huddles — one with general secretaries, another in which Delhi BJP chief Manoj Tiwari was quizzed by party chief J.P. Nadda and General Secretary (Organisation) B.L. Santosh and several others.

While the Delhi unit has blamed it on Congress giving it up, thus making it easy for the Aam Aadmi Party, the central BJP blames the faction-ridden Delhi unit as well. This is one of the reasons why the party refused to project any chief ministerial face ahead of the polls.

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No-Bag Day on Saturdays for Rajasthan students

The Chief Minister also announced Rs 100 crore for setting up a ‘Tourism Development Fund’ and said that the policy for ‘ease of travelling in Rajasthan’ will be pursued.

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Students School Bags

Jaipur, Feb 20 : Rajasthan Chief Minister Ashok Gehlot on Thursday announced a ‘No-Bag Day’ on Saturdays for students of government schools across the state.

Delivering his customary speech during the presentation of the state Budget in the Assembly, he said that though there would be no studies on the said day, activities related to happiness therapy, literature and culture, sports, personality development, moral values, scout, tips to stay healthy etc shall be organised for the students.

Also, parent-teacher meetings would be held on Saturdays to enable the school teachers update the parents on their wards’ academic performance, the Chief Minister added.

Gehlot also announced huge funds for sportspersons in Rajasthan. Those winning gold medals in the Olympics will henceforth get Rs 3 crore from the state government, compared with Rs 75 lakh earlier. Silver medallists will get Rs 2 crore against Rs 50 lakh earlier and bronze medallists Rs 1 crore against Rs 30 lakh earlier.

Asian Games gold medallists will now get Rs 1 crore, silver winners Rs 60 lakh and bronze medallists Rs 30 lakh as compared to Rs 30 lakh, Rs 20 lakh and Rs 10 lakh respectively earlier on. As many as 500 coaches will be appointed on contractual basis to nurture sports talent in the desert state.

The Chief Minister also announced Rs 100 crore for setting up a ‘Tourism Development Fund’ and said that the policy for ‘ease of travelling in Rajasthan’ will be pursued.

Another important Budget proposal was that those injured in an accident in Rajasthan can’t be denied treatment by private hospitals. It would be mandatory for these hospitals to attend to injured patients or else action would be taken against the erring institute, Gehlot said, adding that a law would be formulated in this regard, if need be.

Gehlot announced seven resolutions of his government — Nirogi Rajasthan; Sampann Kissan; Mahila, Bal and Vridhh Kalyan; Saksham Mazdoor, Chhatra Yuva Javan; Shiksha ka Paridhan; Pani, Bijli aur Sadkon ka Maan; and Kaushal and Takneek Pradhan.

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Rajasthan CM Gehlot promises 50,000 jobs

Despite several vacancies getting stuck in legal tangles and the proverbial red tapes, Gehlot sounded confident of creating around 50,000 jobs this year.

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Ashok Gehlot

Jaipur, Feb 20 : One post of constable and 309 applicants! It only reflects the grim unemployment scenario in the state.

For the post of 5,483 constables, announced to be filled this year, around 17 lakh applications have been received. Most applications have come from Jaipur, Jodhpur and Udaipur, Biju George, Additional Director General of Police (ADGP) in charge of the recruitment, told IANS.

Confirming the number of applicants, the ADGP said in 2018, against 10,000 openings the department had received over 15 lakh applications — 150 contenders for one post.

Meanwhile, presenting his second budget in the Assembly on Thursday, Chief Minister Ashok Gehlot announced that the government would create 53,181 jobs this year. Gehlot also holds the finance portfolio.

The state government, according to him, has created 34,682 jobs and 82,000 appointments are under process in his current tenure. The Congress government came to power in the state in December 2018.

In 2020-21, the maximum number of jobs (41,000) would be created in the education sector, followed by the home department (5,000), the health sector (4,369), the local self-government (1,039), the cooperative department (1,000), and the medical education (573), Gehlot said. The General Administration Department would get 200 new posts, he added.

Despite several vacancies getting stuck in legal tangles and the proverbial red tapes, Gehlot sounded confident of creating around 50,000 jobs this year.

On Barmer Refinery and Petrochemical Complex, the Chief Minister said the government would complete the project within the deadline. It would further create jobs, Gehlot added.

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