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Seven-judge bench to decide minority status of Aligarh Muslim University

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New Delhi, Feb 12 (IANS) The Supreme Court on Tuesday referred to a seven-judge Constitution bench the question whether Aligarh Muslim University was a minority institution as it would take a relook at 1967 Azeez Basha case that had held that AMU was not a minority institution as it was set up by an Act of Parliament.

The bench of Chief Justice Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjiv Khanna referred the matter to the seven-judge Constitution bench as senior counsel Rajeev Dhavan appearing for the AMU told it that the judgement in the Azeez Basha case was bad in law and needed a relook.

The larger bench would decide on the parameters for granting the minority status to an educational institution, what a minority institution is, how it is established and how it would run.

The larger bench will also decide whether a university, distinct from a college, can be treated as a minority institution. The Constitution bench will also discuss the TMA Pai judgement on a minority institution.

In 1981 the question of minority institution was referred to a seven-judge bench, which in turn referred it to an 11-judge bench but the question continues to hang fire.

The seven-judge bench would also look into the amendment to Minority Educational Institutions. Senior counsel Rajeev Dhavan told the court that Central legislation making AMU a university was just a technicality and this could not denude the AMU of its minority character.

The AMU argued that it was established by Sir Syed Ahmed Khan – long before Parliament passed the law making it a university. Having said this, Dhavan said the matter needs to be sent to a larger bench instead of being heard by the current bench.

Agreeing that the matter be referred to the seven-judge bench, Attorney General K.K. Venugopal suggested that they would frame the questions to be addressed by the larger bench. However, CJI Gogoi declined the request, saying that the questions have already been framed in the earlier judgement.

The current issue arose in the wake of an Allahabad High Court verdict holding that AMU being a Central university was not a minority institution.

The United Progressive Alliance (UPA) government had moved the top court challenging the High Court verdict, but later the Modi government withdrew the UPA government’s appeal which had asserted the minority status of the AMU.

India

‘Rapist’ Kerala priest gets 60 years in jail

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Law

Kannur (Kerala) Feb 16: A 51-year-old Kerala Catholic priest Robin Vadakkumchery on Saturday was sentenced to 60 years in jail in three different cases of rape and abuse of minor girls.

Thalassery Judge P.N. Vinod also fined the priest from the Mananthavady diocese in Wayanad district Rs 3 lakh after it was established that he had raped and impregnated a minor girl in 2016.

He was tried under the Protection of Children from Sexual Offences (POCSO) Act.

IANS

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Kashmir insurgency: Need to win hearts and minds

From Syria to Afghanistan/Pakistan to Kashmir, the jehadi mindset is primed among the youth by the mythical Islamic Caliphate’s war against the kafirs (infidels).

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kashmir situation

One of the most disturbing aspects of the February 14 terror attack in Pulwama was that the suicide bomber was a local, Adil Ahmad Dar, who lived in a village near the Jammu-Srinagar highway where the attack took place.

Although indoctrinated as a fidayeen by the Pakistan-based Jaish-e-Mohammad, Dar’s act as a jehadi underlines the vulnerability of impressionable Kashmiri youths to insidious anti-India propaganda by Pakistani terror groups nurtured by the Deep State comprising the country’s army and an espionage agency.

In this particular instance, Dar was apparently “inspired” to kill himself by the Taliban’s “victory” signified by American withdrawal from Afghanistan. If anything, the tragedy emphasises the inter-linked international dimensions of Islamic terrorism.

From Syria to Afghanistan/Pakistan to Kashmir, the jehadi mindset is primed among the youth by the mythical Islamic Caliphate’s war against the kafirs (infidels).

Unlike West Asia and even in the Afghanistan-Pakistan region, Indian democracy provides a safeguard against a Messianic struggle, which is why an overwhelming majority of Indian Muslims, including those in Kashmir, remain committed to the democratic system.

As much is evident from the recent panchayat and municipal elections in the state even if the polling percentages in the Valley were low.

However, it is undeniable that a section of Muslims in the valley continue to remain alienated notwithstanding the government’s attempts to reach out to them via the negotiations carried out by the Centre’s representative, Dineshwar Sharma.

But if his efforts have failed to defuse the situation, the reason perhaps is the government’s reluctance to implement some of the recommendations to improve the conditions made by the Dileep Padgaonkar Committee.

These included reducing the army’s visibility, addressing human rights violations, reviewing the Armed Forces Special Powers Act (AFSPA) and lifting the Disturbed Areas Act.

In essence, what these initiatives were expected to do was to reach out to the hearts and minds of the ordinary people whose commitment to the Indian state cannot be doubted as the continuing relevance of the mainstream parties like the National Conference and the Peoples Democratic Party show.

What is required to defang the terrorists and wean away the misguided youth from their self-destructive path is a gesture which will have a major impact.

One of them is to consider freezing the AFSPA (former Congress minister P. Chidambaram wanted it to be scrapped altogether) and to give a cast-iron guarantee that neither Article 370 nor Article 35A will be touched. The former confers a special status on Kashmir and the latter relates to citizenship rights.

It is only such “big ticket” reforms which can end the sense of alienation among the youths who are cynically exploited by Pakistan’s Deep State.

An outreach of this nature will confirm that the government does not regard Kashmir merely as a law and order problem, where all that is needed is a harsh crackdown on the malcontents.

Arguably, the Bharatiya Janata Party (BJP) may not find it easy to change its longstanding stance favouring dispensing with Article 370. But it has to be remembered that Atal Behari Vajpayee did put Article 370 in cold storage in 1996 along with his party’s demand for building a Ram temple and introducing a uniform civil code when he was looking for allies to form a government.

Vajpayee had also called for looking at the Kashmir issue within the parameters of insaniyat (humanity) rather than of the Constitution.

Such broadmindedness is the need of the hour to dissuade deluded young men like Dar from the path of nihilism. Otherwise, more and more of such brainwashed youths will leave their kith and kin to court untimely death.

Equally, scores of security personnel will be in danger of losing their lives because official policies have failed to assure the discontented people of a state with a distinct cultural ambience that they are the nation’s cherished citizens.

It is only when the Kashmiris are visibly mollified that Pakistan’s “isolation”, which the Centre is currently seeking, will be complete, for a fully integrated Kashmir will negate Pakistan’s hope of avenging its Bangladesh defeat and recovering the “K” in the country’s name.

India has dealt with rebellious outbreaks in different parts of the country from the Northeast to the Maoist belts in central and western areas with a fair amount of success. There is no reason why it cannot achieve the same in Kashmir with a patient understanding of the grievances affecting the state, especially when it has national-level leaders like Farooq and Omar Abdullah and Mehbooba Mufti with their political and administrative experience.

True, the jehadi factor makes it difficult for a government to adopt a sane attitude because of the irrational pseudo-religious fervour of the militants. But an overt demonstration of being sensitive can enable the government to enlist the overall support of Kashmiri society and enable the elders to rein in the rebels.

(Amulya Ganguli is a political analyst. The views expressed are personal. He can be reached at [email protected])

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Stand with Govt and Security forces to fight against terrorism: Congress

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CRPF troopers killed in suicide attack in Pulwama

New Delhi, Feb 16: The Congress on Saturday vowed to support the government for the unity and security of the country to fight against terrorism.

“We stand with the govt for unity and security of the nation and security forces. Be it Kashmir or any other part of the nation, Congress party gives its full support to the govt in the fight against terrorism”, he told media after all-party meeting in the national capital.

“We had requested the Home Minister to request the PM on our behalf to ask Presidents of all national & regional parties for a meeting. This was supported by other parties too. The entire nation is in mourning today, is angry”, he added.

The Congress leader further stated “I had also said that barring war, for the first time since 1947 such large number of security personnel have been killed in an attack. We stand with our security forces – Army, CRPF, local police. The entire nation is standing with them”.

“We strongly condemn the dastardly terror act of 14th February at Pulwama in J&K in which lives of 40 brave jawans of CRPF were lost”, during the meeting called by the Centre, a resolution was passed.

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