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“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”
“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”
“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”
“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on applicability of pre-emption to non-Muslims.
The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.
Kerala High Court: The Division Bench of S.Manikumar, CJ, and Shaji P. Chaly, J., rejected the petition seeking direction to the State
Bombay High Court: M.G. Sewlikar, J., in reference to the judgment pronounced by this Court on 21-08-2020, with regard to the quashing of
Union Minority Affairs Minister Mukhtar Abbas Naqvi informed that honouring the decision of the Saudi Arabia Government because of serious challenges of