Gyanvapi Case: Varanasi Court Allows ASI Scientific Survey of the Premises Except...
The Varanasi District Court on Friday, 21 July, granted permission for a scientific survey of the Gyanvapi mosque premises (except the 'Wazukhana,' which is an ablution pond where worshippers wash themselves before praying) by the Archaeological Survey of India (ASI).
The survey aims to determine if the mosque was built over a pre-existing Hindu temple, as claimed by the Hindu side.
The court, presided over by District Judge AK Vishwesha, ordered the survey to be conducted without any restrictions on namaz during the process and laid down strict instructions to preserve the mosque's integrity.
The application was filed by four Hindu women worshippers seeking year-round worshipping rights at the site.
Yasin Malik's Presence in SC Causes Stir
In a firm communication addressed to Home Secretary Ajay Bhalla, Solicitor General (SG) Tushar Mehta expressed deep concern over the presence of Yasin Malik in the Supreme Court on Friday, 21 July, highlighting the significant security lapse that had occurred.
Mehta emphasised that allowing a convicted terrorist to appear in court in person posed a serious risk, as he could have potentially escaped or even faced harm during the transportation process.
The appearance of Malik before the top court took place during the hearing of an appeal filed by the Central Bureau of Investigation (CBI) against a special court order from Jammu, which had mandated Malik's physical presence for trial proceedings in a separate case.
‘Should It Not Be Decided by HC Only?’: SC on Shahi Idgah Case
The Supreme Court on Friday, 21 July, remarked that it would be beneficial for all parties involved if the civil suit regarding the Krishna Janmabhoomi-Shahi Idgah Masjid dispute is heard by the Allahabad High Court rather than the trial court. The court emphasised that due to the sensitive nature of the case, it has the potential to cause unrest in society.
A bench comprising Justices Sanjay Kishan Kaul and Dhulia was hearing a plea challenging the order passed by Allahabad high court on 26 May to transfer pending suits related to the Krishna Janmabhoomi-Shahi Idgah dispute at Mathura from the trial court to the Allahabad High Court.
Justice Kaul remarked, according to Bar and Bench "Looking at the nature of the matter, should it not be decided by the High Court only? Pendency in such matters creates disquiet, in some ways or the other. Will it not be better for all stakeholders if multiplicity of proceedings in such sensitive cases is avoided? Someone has to apply mind. "
The apex court sought details from the High court, and stated according to Bar and Bench "We consider it appropriate for the High Court Registrar to send us the details of the various suits. There seems to be generality to the directions issued."
Delhi HC Sets Aside Trial Court Order to Register FIR Against VHP Leader
The Delhi High Court on Friday, 21 July, set aside a trial court's order directing the registration of an FIR against Vishwa Hindu Parishad (VHP) leader Alok Kumar. The FIR was based on a complaint by activist Harsh Mander against Kumar for allegedly making a hate speech during a VHP rally in 2019.
Justice Swarana Kanta Sharma stated, according to LiveLaw , "The single line averred by respondent no. 1 (Mander) against the petitioner (Kumar) in his complaint filed before the magistrate...does not constitute any offence, or make out any case against the petitioner."
Gujarat HC Expresses Anguish Over Misuse of SC/ST Act, Quashes BJP leader's complaint
The Gujarat High Court, on Friday, 21 July, quashed a case filed by a BJP leader under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against another leader from the same party.
The court expressed concern over the misuse of the SC/ST Act, while emphasising the need for fair and thorough investigation into such cases.
"While the Act is essentially meant for protecting the members of a scheduled caste or scheduled tribe from atrocity or oppression, at the same time, it cannot be allowed to be misused," the Court said.
The judge remarked that the Act, meant to protect marginalised communities, should not be allowed to be misused and that it causes damage to social harmony when wrongly applied.
Supreme Court Issue Notice on Rahul Gandhi's Plea : Defamation Case
The Supreme Court, on Friday, 21 July, issued notice on Congress leader Rahul Gandhi's petition seeking suspension of his conviction in the 2019 'Modi surname' case.
A Surat Magistrate court had on 23 March convicted Rahul Gandhi in a criminal defamation case filed by BJP leader Purnesh Modi and sentenced him to two years in jail for his comment that allegedly said "all people with Modi surname are thieves" that he made during an election rally in Kolar in April 2019.
Gandhi was disqualified as a member of the Lok Sabha a day after this verdict.
Earlier this month, when the Gujarat High Court refused to stay Gandhi's conviction in the case he approached the top court with his plea seeking a stay.
During the proceedings at the Supreme Court on Friday, Justice BR Gavai, who is one of the judges hearing Gandhi's case, asked if there was any objection to him hearing the case on account of his father being associated with the Congress party.
For more, read this.
Lawyer's Body Condemns Manipur Clashes and Human Rights Violations
The Supreme Court Advocates-on-Record Association (SCAORA) has condemned the ongoing ethnic clashes in Manipur and expressed deep concern over the alleged human rights violations. A graphic video depicting two women being paraded naked and assaulted went viral.
The lawyers' body blamed the state machinery and administration for failing to protect citizens' rights and control the riots.
Additionally, the SCAORA objects to the filing of illegal FIRs against advocates and activists providing aid to the affected victims.
Responding to the gravity of the situation, the Supreme Court has also taken suo motu cognizance of the disturbing video and directed the governments to take appropriate action to hold the perpetrators accountable.
The SCAORA's resolution also pledged to offer pro bono legal aid to all victims of the Manipur state riots, if required.
(With inputs from LiveLaw, Bar and Bench, NDTV)
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