MUDA case: HC completes hearing on CM's petition challenging Guv's prosecution nod, reserves orders
Bengaluru, Sep 12: The Karnataka High Court on Thursday completed its hearing on Chief Minister Siddaramaiah's petition challenging the legality of Governor Thaawarchand Gehlot's approval for his prosecution in the Mysuru Urban Development Authority (MUDA) case, and reserved its orders.
The court also extended its August 19 interim order directing the special court for people's representatives that was slated to hear complaints against him in the case, to defer its proceedings till the disposal of the petition.
"Heard, reserved, interim order subsisting will continue till the disposal of the petition," Justice M Nagaprasanna said after completing the hearing.
The Governor on August 16 accorded sanction under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions of Pradeep Kumar S P, T J Abraham and Snehamayi Krishna.
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On August 19, Siddaramaiah moved to the High Court challenging the legality of the Governor's order.
In the petition, the Chief Minister submitted that the sanction order was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India.
Siddaramaiah sought quashing of the Governor's order contending that his decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations.
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AIMPLB warns of protests, legal battle over Waqf Amendment Bill
Bengaluru: The All India Muslim Personal Law Board (AIMPLB) on Monday addressed a press conference following the conclusion of its national convention in Bengaluru. The Board raised concerns over several pressing national and international issues, including the Waqf Amendment Bill, the Uniform Civil Code (UCC), and recent controversies surrounding places of worship in the country. The Board also spoke about the ongoing conflict in Gaza, terming it a "genocide."
Syed Qasim Rasool Ilyas, spokesperson for the AIMPLB, strongly opposed the proposed Waqf Amendment Bill, warning the government of protests and legal challenges if the bill is passed without thorough consultation with all stakeholders.
"Waqf properties are donated specifically for the benefit of the Muslim community and for charitable purposes. These properties cannot and should not be altered or interfered with by the government," he said. Ilyas emphasized the historical and legal sanctity of Waqf properties, stating that any changes to the law without proper discussion would be unacceptable to the community.
The Uniform Civil Code (UCC) was another critical issue discussed during the convention. Ilyas reiterated the Board's long-standing opposition to the UCC, stating that it threatens the pluralistic nature of Indian society.
"The UCC will disrupt the very fabric of this country. India thrives on its diversity, and a uniform code disregards this essential characteristic," he said. He explained that the Indian legal framework already accommodates individuals who choose not to follow their personal laws.
Ilyas also criticized the UCC implemented by the Uttarakhand government, calling it unconstitutional. "How can it be called a 'Uniform Civil Code' when it is applied only in one state?" he questioned. The AIMPLB plans to challenge the Uttarakhand UCC in the Nainital High Court through a Public Interest Litigation (PIL) soon.
The Board also addressed growing tensions surrounding places of worship, particularly the rising claims that some mosques were originally temples. Ilyas pointed out that such disputes are in violation of the Places of Worship Act, 1992, which mandates that the status of religious sites shall remain as they were in 1947.
"The Supreme Court, in its verdict on the Babri Masjid case, clearly stated that no further disputes of this nature should arise. Yet, we see new cases being brought up regularly," he said.
Citing a recent incident in Sambhal, Uttar Pradesh, where police action against protesters left two dead, Ilyas condemned the violence. "This incident was tragic and could have been avoided. It is deeply condemnable," he added.
The AIMPLB also expressed solidarity with the people of Palestine, highlighting the ongoing crisis in Gaza. Ilyas termed the situation a "genocide," pointing to the reported deaths of over 45,000 people in the last year.
"This is not a war; it is a genocide. The international community must take urgent steps to address the issue," he said. The Board called for a two-state solution as a pathway to peace and justice in the region.
The press conference was attended by several senior AIMPLB officials, including the Board’s president, Maulana Khalid Saifullah Rahmani. The officials emphasized the need for unity among stakeholders and the Muslim community to address the challenges highlighted during the convention.
The AIMPLB pledged to continue its advocacy through protests, legal actions, and public engagement to safeguard the rights of the community and uphold the constitutional values of the country.
