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.
ALSO READ: Requested Karnataka Guv, CM, DyCM not to take trouble of coming early to receive me: PM Modi
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.
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.
Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
