SC refuses to entertain plea against Allahabad HC order on Sambhal mosque whitewashing
New Delhi (PTI): The Supreme Court on Tuesday refused to entertain a plea challenging an Allahabad High Court order that asked the Archaeological Survey of India to whitewash the Mughal-era Jama Masjid in Uttar Pradesh's Sambhal district.
The high court had on March 12 asked the ASI to undertake and complete the whitewashing of the mosque within a week.
"We are not inclined to entertain the present petition. Dismissed," ordered a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar.
Appearing for appellant Satish Kumar Aggarwal, Lawyer Barun Sinha assailed the high court's order, saying the ASI was wrongly asked to whitewash the wall of the mosque.
In his order, HC judge Justice Rohit Ranjan Agarwal had said, "The ASI shall undertake the whitewashing work and complete the same within a period of one week from today. Further, no extra lighting shall be put on the walls, as it may cause damage to the monuments, but exterior lights in the shape of focus lights/LED lights may be used by the ASI for lighting of the outer area of the alleged Masjid.
"The expenditure incurred in the whitewashing shall be borne by the Masjid Committee, and the same shall be reimbursed within one week after the completion of whitewashing work," he had said.
The high court had earlier directed the counsel appearing for the ASI to come up with specific averments as to what prejudice would whitewashing of the outer walls of the mosque cause.
Prior to this, a court-ordered survey of a Mughal-era mosque was undertaken and it led to the violence at Sambhal last year.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
