SC can't question Muslim personal law: Jamiat-Ulama-e-Hind

February 6, 2016

New Delhi, Feb 6: Jamiat-Ulama-i-Hind, the powerful body of Muslim clerics, has said that Muslim personal law flows from the Holy Quran and cannot be subjected to any scrutiny by the Supreme Court based on principles of the Constitution.

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"Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression 'laws in force' as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality)," the JUH application filed through advocate Ejaz Maqbool said.

The assertion by the body marks a fierce challenge to the intent to extend the principle to gender equality to Muslim women and can open a fresh phase in the debate on whether personal laws based on religion can trump the Constitution. The debate will require the BJP-led government to spell out its stand on the fraught issue.

Last year, while entertaining a petition, a two-judge bench of Justices A R Dave and Adarsh Goel had directed registration of a separate PIL to consider the rights of Muslim women as there was no safeguard against arbitrary divorce (triple talaq) and second marriage by Muslim men during subsistence of their first marriage. The court had issued notice to the attorney general and National Legal Services Authority (Nalsa).

On Friday, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi took up the petition titled 'Muslim Women's Quest for Equality' and agreed to make JUH a party to the proceedings and sought responses from the JUH, the AG and Nalsa on the questions posed by the SC in six weeks. All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case.

The JUH also referred to Article 44, which figures as a provision in the Constitution, providing that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the JUH said, "Article 44 envisaging UCC is only a directive principle and is not enforceable. This article by implication recognizes the existence of different codes applicable to different religions in matters of personal law and permits their continuance until the state succeeds in its endeavour to secure for all citizens a UCC."

It said the Muslim Women (Protection of Rights on Divorce) Act, 1986, a legislation brought by the Rajiv Gandhi government to step around the SC directed equality in maintenance for Muslim women in Shah Bano case, provided for the rights of Muslim women in matters of divorce and maintenance.

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IBRAHIM.HUSSAIN
 - 
Sunday, 7 Feb 2016

Is supreme court is law making body?

It cannot poke his nose in making law for any religious or minority groups of India.

Better to stay away from admitting the petition or allow JUH as party in the petition.

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News Network
May 5,2024

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Bengaluru, May 5: In a major development, the Special Investigation Team (SIT) probing the sex video scandal involving JD-S MP Prajwal Revann on Saturday arrested his father and JD-S MLA H.D. Revanna following the rejection of his anticipatory bail plea in a victim kidnapping case by the People’s Representative Court in Bengaluru.

H.D. Revanna was taken into custody from the residence of his father and former Prime Minister H.D. Deve Gowda in Bengaluru’s Padmanabhanagar locality.

First, he was taken to the SIT office on the premises of the Criminal Investigation Department (CID). After preliminary questioning, the former JD-S minister was taken to the Bowring Hospital for a medical check-up.

Sources said he will be produced before the magistrate at the latter's residence later.

Commenting on the development, Chief Minister Siddaramaiah told mediapersons that he won’t interfere in the matter.

“Action should be initiated as per the law,” he said.

Deputy Chief Minister D.K. Shivakumar said, “We will not interfere in anything related to this matter. Let them get protection from the court under the law."

Shivakumar also said that let the proceedings follow the manner suggested by former CM H.D. Kumaraswamy.

Quoting a Kannada proverb, Kumaraswamy had said that those who commit crime must be punished.

The SIT officers reached the former PM’s residence soon after the court turned down his anticipatory bail plea in a case related to the kidnapping of a woman who was allegedly sexually assaulted by his son Prajwal Revanna, the sources said.

Earlier on Saturday, the SIT traced the kidnapped woman to the farmhouse of Rajashekar, the personal assistant (PA) to H.D. Revanna, at Kalenahalli village in Mysuru district.

In the court, Special Public Prosecutor B.N. Jagadish submitted that the case is about saving the life of a poor woman.

Jagadish argued that H.D. Revanna did not turn up before the authorities even after being served three notices.

Senior counsel Muthy D. Naik, appearing for H.D. Revanna, argued that the only allegation against his client is a statement that he had called the victim to his residence.

Barring this, there is nothing to prove the role of H.D. Revanna in this case, he argued, adding that the statement was made by an accused in the case, with whom his client has no connections.

He also claimed that the SIT has deliberately added IPC Section 364A, which attracts life imprisonment and capital punishment, to ensure that his client’s bail plea is rejected.

The other IPC Sections invoked in the case — 363 and 365 — attract imprisonment of less than seven years. Therefore, to prove the innocence of H.D. Revanna, he should be granted bail, Naik submitted.

Meanwhile, the woman, who had gone missing on April 29, was found locked up in the farmhouse when the SIT officers reached there following a tip-off.

Sources said Rajashekar is absconding ever since the SIT traced the missing woman to his farmhouse.

The woman is being brought to Bengaluru where her statement will be recorded.

On Friday, Karnataka Police registered an FIR against H.D. Revanna in connection with the kidnapping of the woman, believed to be one of the victims of the sex video scandal involving his son Prajwal Revanna.

The woman’s son had registered a kidnap case naming H.D. Revanna as the prime accused in the case.

His relative Satish Babu was named as the second accused in the FIR, whom the police arrested from Mysuru district on Friday.

The woman’s son alleged that his mother went missing after the surfacing of a purported sex video in which Prajwal Revanna could be seen sexually assaulting her.

He also alleged that his mother was locked up in an undisclosed location, as he pleaded with the police to initiate legal action against H.D. Revanna and Satish Babu.

Prajwal Revanna, the sitting JD-S MP from Hassan, has reportedly fled from the country.

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News Network
May 7,2024

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Israeli military aircraft have heavily bombed the city of Rafah in the southern Gaza Strip accompanied with ground advances shortly after the Palestinian resistance movement Hamas said it had agreed to a proposal on ceasefire in Gaza.

A Palestinian journalist reported flares in the night sky, while locals said dozens of reconnaissance drones flew overhead.

The official Palestinian news agency Wafa and Egyptian media said Israeli military vehicles advanced towards the Palestinian side of the Rafah crossing with Egypt, as well as the Karem Shalom crossing with the Israeli-occupied territories.

A Palestinian security official and an Egyptian authority have told the Associated Press news agency that Israeli tanks have entered Rafah, reaching as close as 200 meters from Rafah’s border crossing with neighboring Egypt.

The Israeli military has said it was conducting “targeted strikes” against Hamas in eastern Rafah.

Israeli prime minister Benjamin Netanyahu's office has also said "Israel is continuing the operation in Rafah to exert military pressure on Hamas" in order to advance the release of captives and what it called "the other objectives of the war."

In the meantime, it described the proposal on ceasefire as "far from Israel's essential demands," but added that it would send negotiators for talks "to exhaust the potential for arriving at an agreement."

The military strikes on Rafah came ahead of talks in Egypt on Tuesday aimed at sealing a truce proposal accepted by Hamas, which was put forward by Qatari and Egyptian mediators. 

According to a copy of the proposal, there will be three phases to ending Israel’s onslaught against Gaza.

The first phase calls for a complete withdrawal of Israeli troops from the Netzarim corridor and the return of displaced Palestinians to their homes. The second phase involves an announcement of a permanent cessation of military operations. In the last phase, there would be a complete end to the blockade of the Gaza Strip. 

In return, Israel would be required to release an unspecified number of Palestinian prisoners, withdraw its troops from certain regions of the Gaza Strip, and allow Palestinians to travel from the south of the coastal sliver to the north.

About 1.5 million Palestinians are sheltering in Rafah, once designated a “safe zone” by the Israeli military. Palestinians are now struggling to evacuate the city, after the Israeli military dropped leaflets ordering them to leave as a large-scale assault on the city is planned.

UN Secretary General Antonio Guterres has said that a ground invasion of Rafah would be “intolerable” and called on Israel and Hamas “to go an extra mile” to reach a truce deal.

“This is an opportunity that cannot be missed, and a ground invasion in Rafah would be intolerable because of its devastating humanitarian consequences, and because of its destabilizing impact in the region,” Guterres told reporters on Monday ahead of a meeting with Italian President Sergio Mattarella in New York.

Jordanian Foreign Minister Ayman Safadi has also warned that Israel is “jeopardizing the deal by bombing Rafah.”

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News Network
May 7,2024

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Udupi: Udupi became the second city on the Karnataka coast after Mangaluru to launch water rationing, a senior official said on Tuesday.

Commissioner of the Udupi City Municipal Corporation Rayappa said that the rationing system will come into force from Wednesday and will continue till the water in the reservoir reaches comfortable levels.

The dam built across the Swarna river at a place called Baje, which is the only source of water for Udupi city, recorded 3.25 meters of water as against the top level of 6.30 meters.

The decision of water rationing will be reviewed periodically until the reservoir regains its fullest levels, the official said.

The Mangaluru City Corporation resorted to water rationing on Saturday following declining water levels in the reservoir built across the Nethravati river at Thumbe. 

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