No restriction on using residential home for religious prayers: Karnataka HC
Bengaluru, Aug 26: The High Court of Karnataka has dismissed a public interest litigation (PIL) filed by some residents of HBR Layout, Bengaluru, alleging that a residential property was being used for prayers.
The Division bench of Chief Justice Prasanna B Varale and Justice MGS Kamal dismissing the PIL recently said, "Inspite of our repeated queries the counsel was unable to show any such prohibition, prevention in the rules of law, prohibiting an occupant to utilise the residential place for offering prayer." .
The judgement copy is yet to be released by the Court.
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Sam P Philip, Krishna SK, Jagaeesan TP and five other residents of HBR Layout, had approached the Court against the Housing and Urban Development Department, BBMP and Masjid E-Ashrafit over the issue. Their petition was subsequently converted to a PIL.
It was contended that a residential area was being used as a prayer hall causing disturbance to the neighbours. The matter had reached the Court once before when the Masjid Trust had constructed a building without the approval of the BBMP.
The Court had directed that the building for a Madarasa could be constructed only after obtaining necessary sanction from the BBMP. The building was then constructed and being used as a Madarasa for poor children. The PIL was filed after the new building came up on the property.
While dismissing the PIL, the Court noted that the "Counsel for the petitioner was unable to show any such specific prohibition and repeated his submission that using the residential area for offering prayer as a masjid is violation of the rules. Further (he) repeatedly submitted that as there may be a large gathering of people, the petitioners and residents apprehend disturbance. These submissions neither stand reasons, logic or law.".
During the hearing of the PIL, the Court took strong exception to the submission made by the counsel for the petitioners that there was a risk posed by conducting prayers.
"We are not permitting such statements. This is something to which we have strong objections, you cannot make a statement so casually. You have no right to make such sweeping statements. One can only say that there is some violation of rules, please as the authorities. How can you say someone offering prayer is a threatening activity?” the Court cautioned.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
