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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Bypolls: K'taka Cong Minority Abdul Jabbar chief resigns amid allegations of 'internal conspiracy'
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Bengaluru (PTI): Karnataka Congress Minority Department President K Abdul Jabbar announced his resignation from the post on Saturday, a day after a group of Muslim leaders accused members of their own party of "conspiring" to defeat the official candidate in Davanagere South.
Jabbar, an MLC, was an aspirant for the Congress ticket from the Davanagere South Assembly segment.
"It has been an honor for me to serve as Chairman of the KPCC Minority department and have worked to the best of my ability during assembly elections 2023 and followed by Parliament polls and many such occasions whenever the party needed the minority department and showed results. I have toured the entire state of Karnataka and worked to align the minorities with Congress values and principles. Most of it is available in the public domain," Jabbar has said in a letter to the party.
"Minority voters and minority office bearers are the backbone of our great Congress party and certainly deserve better," he said.
Deputy Chief Minister D K Shivakumar, who is also the Karnataka Pradesh Congress Committee President, confirmed Jabbar's resignation.
"I won't speak about this now, I have got some reports. The Minority President has submitted his resignation. I will verify things, I will seek a report from local leaders after that I will speak," he told reporters in response to a question on internal conspiracy.
A rift within the Karnataka Congress surfaced on Friday, a day after the bypolls to two Assembly constituencies in the state, as a group of Muslim leaders alleged a "conspiracy" by some of their own senior party leaders to defeat the official candidate in Davanagere South.
However, they asserted that despite efforts by some within to project that Congress "betrayed" Muslims, the party candidate Samarth Mallikarjun will win in Davanagere South, the constituency where the community has a significant presence.
They said the party finally named Samarth Mallikarjun as the candidate after considering all factors and taking all Muslim leaders into confidence. Despite this, a massive campaign, including from some within the party, projected the Congress as having "betrayed" the minorities by denying them tickets.
Chief Whip in the Legislative Council Saleem Ahmed, MLAs Rizwan Arshad, Yasir Ahmed Khan Pathan, MLC Bilkis Bano, and other Congress leaders addressed a joint press conference on Friday, claiming an "internal conspiracy".
According to party sources, these Muslim leaders have also complained to AICC and state party leadership, alleging "internal sabotage" in Davanagere South.
Though the leaders did not name anyone, several party sources said their attack was directed at State Housing Minister B Z Zameer Ahmed Khan and Jabbar among others.
Khan, who had openly demanded the Davanagere South ticket for a Muslim candidate, initially stayed away from campaigning in the constituency, citing his Kerala poll responsibilities.
However, he addressed a press meet with Samarth's father and Minister SS Mallikarjun at the request of Chief Minister Siddaramaiah.
Jabbar too had not actively participated in the campaigning, despite hailing from Davanagere.
Bypolls for Davanagere South were held along with Bagalkot on Thursday. The election was necessitated following the death of sitting MLAs Shamanur Shivashankarappa and H Y Meti respectively. Samarth is the grandson of Shivashankarappa.
Muslim disgruntlement appears to be a concern for the Congress in Davanagere South. With 14 of the 25 candidates in the fray belonging to the community, there are apprehensions within the party about a split in votes, which could benefit the BJP.
Given its significant presence in the constituency, the Muslim community strongly demanded the Congress ticket for Davanagere South. Some party factions had opposed giving the ticket to the Shamanur family.
Although the Congress was successful in persuading rebel candidate Sadiq Pailwan to withdraw from the contest, he remained in the fray as the move came after the deadline for withdrawal of nominations.
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