Delhi HC asks Centre to hear affected persons before demolishing structures in Ajmer dargah
New Delhi (PTI): The Delhi High Court on Monday directed the Centre to give a hearing to affected persons before taking any precipitative steps, including dismantling and demolishing structures within and outside the premises of Dargah Khwaja Saheb in Ajmer.
The court also directed the Union Ministry of Minority Affairs to expedite the formation of Ajmer Sharif Dargah Committee.
"Let the same be done as expeditiously as possible," Justice Sachin Datta said.
The court said before taking any precipitative steps on the basis of authorities' November 22 order, the principles of natural justice shall be adhered to followed by an opportunity of hearing and a reasoned order shall be issued to each of the parties.
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The court was hearing a plea by Syed Meharaj Miya, a 'khadim' of the dargah, seeking quashing of an order issued by the ministry on November 22 for the removal of unauthorised, unapproved and illegal encroachments in the dargah premises.
The counsel for the Centre said there are illegal encroachments and temporary structures have been created in the courtyard in which people have put in tables and chairs. He said these people will bring their goods and sell them here which will cause obstructions to the devotees.
"There is a security concern. We are supposed to secure the place. A festival is going to be celebrated at the dargah this month and five lakh people are expected to visit," the Centre's counsel submitted.
To this, the court said, "What about compliance with principles of natural justice before you remove something. You cannot just go with a bulldozer and wipe everything out."
The court said on November 6 that had directed the government to expedite the process of appointment of the members of the dargah committee, preferably within three months.
"You can't sit on it. I gave you three months, that does not mean you will do it on the 90th day. Till then if you want to take any precipitative step, you have to give an individual notice to the person concerned," the judge said.
The petitioner's counsel contended that the authorities have ordered sweeping administrative action infringing upon the fundamental rights of a large section of persons.
He said the impugned actions are sought to be taken in utter denial of the principles of natural justice without even affording an opportunity of hearing to the affected parties.
The court listed the matter for further hearing on February 23.
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Assam govt moves SC against anticipatory bail to Congress leader Pawan Khera
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New Delhi (PTI): The Assam government has moved the Supreme Court against the Telangana High Court order granting one-week transit anticipatory bail to Congress leader Pawan Khera in a case registered against him for levelling allegations against Chief Minister Himanta Biswa Sarma's wife.
The petition was filed on Sunday through advocate Shuvodeep Roy and is likely to be taken up for hearing this week.
On April 10, the high court granted one-week transit anticipatory bail to Khera.
The high court gave him a week's time to file an application before the court concerned and granted him relief with certain conditions.
"Without expressing any opinion on the merits of the case, this court is of the view that the petitioner has made out a case for grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record," the high court had said in its order.
The conditions were that the petitioner shall be released on bail in the event of arrest on his executing a personal bond for Rs one lakh with two sureties for the like sum each, cooperate with the investigation and make himself available for interrogation as and when required by the Investigating Officer and that he shall not leave the country without prior permission of the competent Court.
The conditions further include that the petitioner shall, within the stipulated period, approach the competent jurisdictional court in Assam and seek appropriate relief and he, being a public figure, shall exercise restraint in making any further public statements in relation to the subject matter of the present case, which may prejudice the investigation, the order said.
The Congress leader on April 5 had alleged that the Assam CM's wife, Riniki Bhuyan Sarma, has multiple passports and foreign property, which were not declared in the chief minister's election affidavit for the April 9 Assembly polls in that state.
The case against Khera was registered at the Guwahati Crime Branch Police Station under several sections of the BNS, including 175 (false statement in connection with an election), 35 (Right of private defence of the body and of property) and 318 (cheating).
Khera, who approached the high court on April 7, showed his residential address in Hyderabad. He had requested the high court to release him on bail in the event of his arrest.
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