‘Already exhausted with religious places’: Kerala HC denies permission for new masjid

News Network
August 26, 2022

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Kochi, Aug 26: The Kerala High Court on Friday denied permission to construct a mosque in a locality that has many mosques, observing that the state already has a large number of religious structures and their ratio to the population is very high.

Justice PV Kunhikrishnan opined that Kerala, that is termed as 'God's own country', is crammed full of religious places.

"Because of the peculiar geographical situation of Kerala, it is known as 'God's own country'. But we are exhausted with religious places and prayer halls and we are not in a position to allow any new religious places and prayer halls except in the rarest of rare cases," he said.

The court observed that even though mosques are important to the Muslim community, it is not necessary, as per the Holy Quran, that there be a mosque in every nook and cranny.

"The verses of the Holy Quran clearly highlight the importance of he mosque to the Muslim community. But it is not stated in the above verses of the Holy Quran that a mosque is necessary in every nook and corner.... It is not stated in the 'Hadis' or in the Holy Quran that mosque is to be situated adjacent to the house of every Muslim community member. Distance is not the criteria, but reaching the mosque is important," it said.

The court also referred to a study on religious structures, based on the 2011 Census, which it termed as "alarming" as it said that Kerala has 10 times the number of religious structures as villages and 3.5 times the number of hospitals.

"Kerala is exhausted with religious institutions and prayer halls... If every devotee ... Hindu, Christian, Muslim, Jew, Parsi, etc. starts to construct religious places and prayer halls near their residence, the state will face serious consequence including communal disharmony. In this case, the intelligence report and the police report says that if the present conversion of the commercial building to a religious prayer hall is allowed, there is chance for communal disharmony. It is a sensitive issue," it noted.

In the instant case, since 36 mosques were existing within the vicinity in question, the court held that there was no need of another mosque in that vicinity because the adherents of Islam can go to other nearby mosques, especially considering the fact that most citizens have access to some kind of vehicle or public transportation.

"It is true that Article 26(a) of the Constitution of India states that subject to the public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes. That does not mean that they can construct religious places in every nook and corner of the country. Kerala is a very small state," it said.

Justice Kunhikrishnan also referred to a movie song by acclaimed poet, late Vayalar Ramavarma which speaks of how man created religions, religion created God, and together they divided the world and humanity.

The verdict was given on a petition seeking to change a commercial building to a Muslim place of worship so as to enable Muslims in the vicinity to access a mosque to offer prayers.

The District Collector considered the request and denied it, based on reports of the district police chief who noted that there are about 36 mosques situated within 5 kilometre radius from the existing commercial building of the petitioner.

This prompted the petitioner to approach the High Court.

The court went through the 'The Manual of guidelines to prevent and control communal disturbance and to promote communal harmony' issued by the state, via a Government Order, and found that even for a change of occupancy, the permission from district authorities is necessary.

In the present case, the court found no reason to interfere with the decision of the state authorities and dismissed the petition.

It then asked to issue the following directions to the state government and police authorities, including, that the Kerala Chief Secretary and the state police chief shall issue necessary orders/circulars directing all the officers concerned to see that there is no illegal functioning of any religious places and prayer halls without obtaining permission from the competent authorities as per the Manual of Guidelines.

If any such religious place or prayer hall is functioning without necessary permission, they should take necessary steps to close down the same forthwith, it said.

Besides, the court said that it should be clearly mentioned that the distance to the nearest similar religious place/prayer hall is one of the criteria while considering the application for religious places and prayer halls and also directed the Chief Secretary to issue a separate circular/order prohibiting change of category of a building to a religious place/prayer hall, except in the rarest of rare case, and that also only after getting report from the police and intelligence, ascertaining the ground realities of that particular place.

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News Network
April 22,2024

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The BJP has opened its account in the ongoing Lok Sabha elections. The party's candidate from Gujarat's Surat constituency, Mukesh Dalal, has won the polls as all his opponents are now out of the fray.

BJP's Mukesh Dalal elected unopposed from the Surat Lok Sabha seat after all other candidates withdrew from the contest, the party's Gujarat unit chief CR Paatil said today. Today was the deadline for withdrawing nominations.

The nominations of the Congress party's Surat candidate and his substitute were rejected by the returning officer over alleged discrepancies in paperwork, a development that the Congress called an attempt at "match-fixing".

"Surat has presented the first lotus to Prime Minister Narendra Modi. I congratulate our candidate for Surat Lok Sabha seat Mukesh Dalal for getting elected unopposed," Mr Paatil posted on the microblogging website X, referring to the BJP's election symbol.

Eight candidates - seven of them independents - and Pyarelal Bharti of the Bahujan Samaj Party (BSP) withdrew their papers.

The nomination papers of the Congress's Surat candidate Nilesh Kumbhani was rejected on Sunday after the district returning officer Saurabh Parghi found discrepancies in the signatures of the proposers.

The nomination form of Suresh Padsala, the Congress's substitute candidate from Surat, was also found invalid.

The returning officer had said the four nomination forms submitted by the two Congress candidates did not appear genuine. The proposers, in their affidavits, had said they had not signed the forms themselves, the returning officer said in the order.

Congress lawyer Babu Mangukiya said the party will approach the high court and the Supreme Court for relief.

Congress leader Jairam Ramesh in a post on X said the Surat developments indicate "democracy is under threat". "Our elections, our democracy, Babasaheb Ambedkar's Constitution - all are under a generational threat. This is the most important election of our lifetime," Mr Ramesh said.

Mr Ramesh alleged the "distress" of micro, small and medium enterprise (MSME) owners and the business community in PM Modi's "Anyay Kaal" and their anger have "spooked the BJP so badly that they are attempting to match-fix the Surat Lok Sabha polls, which they have won consistently since the 1984 Lok Sabha elections."

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News Network
April 29,2024

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In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

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News Network
April 20,2024

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New Delhi: The Aam Aadmi Party on Saturday alleged that Delhi Chief Minister Arvind Kejriwal is being pushed towards a “slow death” inside Tihar jail by denying him insulin and consultations with his doctor.

Kejriwal, who has Type-2 diabetes, has been asking for insulin and a video conferencing with his family doctor but his requests are being denied by the jail administration, party spokesperson Saurabh Bharadwaj said in a press conference.

"I want to say with full responsibility that a conspiracy is underway for the slow death of Kejriwal," Bharadwaj claimed citing blood sugar readings of the Chief Minister in jail.

He also slammed the Tihar administration, BJP, Centre and Delhi LG for allegedly denying insulin to Kejriwal and said the Delhi Chief Minister had been suffering from diabetes for the last 20-22 years.

On Friday, the chief minister council Senior advocate Abhishek Singhvi said Kejriwal has not been administered insulin to control his sugar levels since his arrest, terming it “shocking” and “alarming”.

The ED had on Thursday claimed before the court that Kejriwal was eating food high in sugar like mangoes and sweets every day, despite having Type-2 diabetes, to create grounds for medical bail.

Kejriwal, however, refuted the ED’s claims by asserting before a court that the food he consumed was in conformity with the diet chart prepared by his doctor.

“Out of 48 meals sent from home, only three times mangoes were there…,” Singhvi told the court.

Bharadwaj said Kejriwal was allowed by the court to use a machine in the jail to monitor his daily blood sugar levels.

"Overall, it was a conspiracy to finish Kejriwal so his multiple organ damage and when he comes out of jail after 2-4 months he goes for treatment of kidney, heart and other organs," said Bharadwaj, who holds the portfolio of health in Delhi government.

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