Shahi Idgah dispute: It's Waqf Board nature to 'encroach' any property, Hindu side to Allahabad HC
Prayagraj (PTI): The Hindu side in the Krishna Janmabhoomi-Shahi Idgah dispute on Tuesday told the Allahabad High Court that it has been the nature of the Waqf Board to "encroach" upon any property and declare it as a waqf asset.
The counsel for the Hindu side, Rina N Singh, further said that the "practice" of the Waqf Board cannot be permitted. The submissions were made during the hearing of a plea challenging the suit seeking "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura.
The matter is being heard by Justice Mayank Kumar Jain on the plea moved by the Muslim side regarding the maintainability of the suit. Hindu side counsel Singh also said the Muslim side claimed that the said property became a waqf property through a compromise entered in 1968 between the two sides. But, in the said compromise, the deity, who is the owner of the property, was not a party, Singh said.
She further said provisions of the Places of Worship Act as well as the Waqf Act are not applicable in the case. The matter will be heard next on May 15. The Muslim side in the case would present its arguments after completion of arguments of the Hindu side.
On May 2, the Hindu side told the Allahabad High Court that the temple is a protected monument and it should be governed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The counsel for the Hindu side, Hari Shankar Jain, had also submitted that the provisions of Places of Worship Act would not apply in the case.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
