News Analysis India

Tag: Madhya Pradesh High Court

  • Is It Kamal Maula Masjid Or Bhojshala Mandir? Know All About Latest Mosque-Temple Controversy In MP |

    The Madhya Pradesh High Court on Monday ordered the Archaeological Survey of India (ASI) to complete a survey of the Bhojshala Temple and Kamal Maula Mosque complex in the Dhar district within six weeks. The court pointed out the necessity to unveil and clarify the nature and character of the complex, liberating it from the prevailing confusion. The ASI-protected site is perceived by Hindus as a temple devoted to Goddess Vagdevi (Saraswati), while Muslims consider it the location of the Kamal Maula Mosque. According to a 2003 arrangement, Hindus conduct puja at the complex on Tuesdays, and Muslims offer namaz on Fridays.  

    What Does Court Mandate Says?  

    Instructing a comprehensive scientific exploration, survey, and excavation of the Bhojshala complex, a panel comprising Justices Sushrut Arvind Dharmadhikari and Devnarayan Mishra asserted the imperative need to determine and liberate the monument’s “nature and character” from the perplexity that currently surrounds it. The judges highlighted that the Central government, responsible for maintaining the monument, must demystify its characteristics due to the prevalent “mystery,” which has led to escalating controversies.  

    The court mandated the Archaeological Survey of India (ASI) to establish an expert committee charged with executing a thorough scientific investigation, survey, and excavation, utilising the latest methods and techniques. The committee is required to submit its findings within six weeks.   

    Furthermore, the ASI received orders to open sealed rooms and halls within the complex, creating a comprehensive inventory of each artifact, idol, deity, or structure for subsequent scientific investigation.   

    Arguments From Hindu Side  

    The Hindu Front for Justice, the petitioners in this case, contends that the Kamal Maula Mosque was constructed during the reign of Alauddin Khilji in the 13th and 14th centuries, through the destruction and dismantling of ancient structures of previously built Hindu temples.  

    Assistant Solicitor General Himanshu Joshi, appearing for the ASI, countered this argument by asserting that the ASI had not considered the 1902-03 report prepared by the then-existing expert body in the 2003 case. This historical report pointed to the pre-existence of the Bhojshala Temple of Vagdevi, identifying it as a significant Gurukul and temple of Vedic learning and studies. 

    Arguments From Muslim Side  

    Dhar’s Shahar Qazi, Waqar Sadiq, expressed the intention of the mosque’s management to challenge the High Court ruling in the Supreme Court. Senior Advocate Ajay Bagadia, representing the Muslim side, cited a prior 2003 case that had been dismissed by the Jabalpur Bench of the High Court. Bagadia contended that the ASI’s stance was influenced by the government and urged the court to see through the apparent bias in favor of the Bhojshala Vagdevi Temple, which goes against the interests of Muslims who have been praying there for years.  

  • MP: Petition alleges identity theft by winning candidate in sarpanch’s election; HC issues notice to SEC

    By PTI

    INDORE: The Madhya Pradesh High Court has issued a notice to the State Election Commission (SEC) on a petition alleging identity theft by a woman candidate who won election for the post of village sarpanch in Rajgarh district.

    Vinita (28) submitted forged documents and contested election for the sarpanch of Bhilkheda by stealing the identity of Anita (30), a former resident of the district, the petition claimed.

    Petitioner Rajal Bai had lost the election to Vinita in July this year.

    Vinita also took oath of the post while wearing the traditional veil under the guise of Anita, the petitioner’s lawyer Manish Kumar Vijayvargiya told reporters on Thursday.

    Justice Subodh Abhyankar of the Indore bench of the HC on Tuesday issued notices to the SEC and state government seeking reply in two weeks, he added.

    As per the lawyer, Anita lived in Rajgarh district ten years ago and her name still figures in the voters’ list in Madhya Pradesh though she now lives in Rajasthan.

    Vinita’s name was not there in the electoral list.

    As being a registered voter in the state is mandatory for contesting elections, she submitted documents in the name of Anita, the petition claimed.

    Further, she even fudged caste identity as the seat was reserved for Scheduled Tribes and both Vinita and Anita are OBC, it said.

    Anita, who is illiterate and lives in Jhalawar in Rajasthan, complained to Rajgarh district authorities when she learnt about the identity theft but to no avail, the petition said.

    INDORE: The Madhya Pradesh High Court has issued a notice to the State Election Commission (SEC) on a petition alleging identity theft by a woman candidate who won election for the post of village sarpanch in Rajgarh district.

    Vinita (28) submitted forged documents and contested election for the sarpanch of Bhilkheda by stealing the identity of Anita (30), a former resident of the district, the petition claimed.

    Petitioner Rajal Bai had lost the election to Vinita in July this year.

    Vinita also took oath of the post while wearing the traditional veil under the guise of Anita, the petitioner’s lawyer Manish Kumar Vijayvargiya told reporters on Thursday.

    Justice Subodh Abhyankar of the Indore bench of the HC on Tuesday issued notices to the SEC and state government seeking reply in two weeks, he added.

    As per the lawyer, Anita lived in Rajgarh district ten years ago and her name still figures in the voters’ list in Madhya Pradesh though she now lives in Rajasthan.

    Vinita’s name was not there in the electoral list.

    As being a registered voter in the state is mandatory for contesting elections, she submitted documents in the name of Anita, the petition claimed.

    Further, she even fudged caste identity as the seat was reserved for Scheduled Tribes and both Vinita and Anita are OBC, it said.

    Anita, who is illiterate and lives in Jhalawar in Rajasthan, complained to Rajgarh district authorities when she learnt about the identity theft but to no avail, the petition said.

  • MP High Court asks state to take concrete steps on online gaming, betting and gambling in three months

    By Express News Service

    BHOPAL: The Madhya Pradesh High Court has directed the state government to take concrete steps for regulating online gambling/gaming and allied activities within the next three months.

    While continuing the hearing in the matter related to the bail plea of Singrauli district resident Sanat Kumar Jaiswal, who is accused of fraudulently withdrawing Rs 8.51 lakh from the grandfather’s bank account and losing it in IPL betting, the single judge bench of MP High Court in Jabalpur headed by Justice Vivek Agarwal gave three months to the state government to take concrete steps for regulating online gaming, gambling and betting.

    While directing the MP government to bring on record concrete/action taken report in three months, the HC listed the matter for next hearing on November 30.

    “In any case this issue having wider ramifications on the economic, physiological and physical health of youth of the country cannot wait for in inordinately long period, therefore, instead of six months’ time as prayed by the Principal Secretary, Government of Madhya Pradesh Department of Law and Legislative Affairs, three months’ time is granted to bring on record concrete/action taken report,” HC mentioned in its order on Monday.

    Importantly, the state government had sought six months from the HC in the matter, stating that after the court’s order in the present case in June 2022, the central government had convened a meeting of all the home secretaries of different states July 21 and now the matter is at the level of Inter State Advisory Committee to decide as to what steps are to be taken in regard to online gaming etc.

    BHOPAL: The Madhya Pradesh High Court has directed the state government to take concrete steps for regulating online gambling/gaming and allied activities within the next three months.

    While continuing the hearing in the matter related to the bail plea of Singrauli district resident Sanat Kumar Jaiswal, who is accused of fraudulently withdrawing Rs 8.51 lakh from the grandfather’s bank account and losing it in IPL betting, the single judge bench of MP High Court in Jabalpur headed by Justice Vivek Agarwal gave three months to the state government to take concrete steps for regulating online gaming, gambling and betting.

    While directing the MP government to bring on record concrete/action taken report in three months, the HC listed the matter for next hearing on November 30.

    “In any case this issue having wider ramifications on the economic, physiological and physical health of youth of the country cannot wait for in inordinately long period, therefore, instead of six months’ time as prayed by the Principal Secretary, Government of Madhya Pradesh Department of Law and Legislative Affairs, three months’ time is granted to bring on record concrete/action taken report,” HC mentioned in its order on Monday.

    Importantly, the state government had sought six months from the HC in the matter, stating that after the court’s order in the present case in June 2022, the central government had convened a meeting of all the home secretaries of different states July 21 and now the matter is at the level of Inter State Advisory Committee to decide as to what steps are to be taken in regard to online gaming etc.

  • Madhya Pradesh HC refuses bail to rape-accused constable; orders transfer of senior officials

    By PTI

    JABALPUR: Dismissing the bail application of a police constable accused of raping and impregnating a woman, the Madhya Pradesh High Court has directed the state government to transfer him as well as Jabalpur’s Additional Director General of Police (ADG) and Chhindwara’s Superintendent of Police (SP) to remote areas in the state so that the constable does not influence the witnesses in the case.

    In the order passed on April 21, the single bench of Justice Vivek Agrawal said the forensic evidence in the case has been tampered with.

    Constable Ajay Sahu was arrested in the case on November 13, 2021 based on the complaint filed by the woman, who alleged that he raped her, after which she underwent abortion.

    Sahu had submitted a bail application in the court.

    “As far as merits of the present appeal are concerned, it is evident that forensic evidence has already been tampered with and now the case is dependent on the ocular evidence.

    Therefore for the present when the appellant (Sahu) appears to be wielding sufficient influence on various authorities who are supposed to be independent, probability of tampering with the evidence cannot be ruled out.

    “Thus, unless important prosecution witnesses are examined it cannot be said that the appellant is entitled to be enlarged on bail,” the high court said in its order.

    The court said it would have handed over this case to the Central Bureau of Investigation (CBI) in view of the conduct of the police personnel, including the constable, Superintendent of Police – Chhindwara and Additional Director General of Police – Jabalpur.

    “But at this distance of time when Civil Surgeon of District Hospital, Chhindwara and concerned police personnel have already played their role, it is not possible to retry the sample. Therefore, any indulgence of the CBI prima facie does not appear to be of immediate help in protecting the rights of the victim,” it said.

    “Therefore, instead of handing over the investigation to the CBI, it is directed that concerned officials be transferred, specially the appellant, to a far-flung place in Madhya Pradesh so that he is not able to influence the witnesses as now case is to be decided on its own merits in view of the available ocular evidence,” it read.

  • Khargone demolitions: Madhya Pradesh High Court issues notice to state on residents’ plea

    Express News Service

    BHOPAL: The Madhya Pradesh High Court has issued notices to the state government and police over bulldozing of alleged “illegal properties” by the administration and police in the April 10 communal violence hit Khargone town.

    The two notices were issued by the MP High Court’s Indore Bench on April 22 and April 28 respectively on writ petitions filed by owners of a restaurant and a bakery, which were demolished by the local authorities on April 12.

    The notices have been issued by two separate benches of the MP High Court in Indore to the MP Government (through the chief secretary), state home department (through principal secretary-home), inspector general of police (IG-Indore Range), Khargone district collector and the chief municipal officer of the Khargone Nagar Palika Parishad.

    In the first petition pertaining to the demolition of the portion of Waqt Restaurant, the single judge bench of Justice Pranay Verma, on April 22, directed the respondents to file replies within four weeks. On the other petition pertaining to the demolition of the Super Bakery, another single judge bench of Justice Subodh Abhyankar, issued notices to the respondents on April 28, seeking a reply in six weeks.

    According to Syed Ashhar Ali Warsi, the counsel for both the petitioners, the respondents have illegally and arbitrarily carried out the demolition of the properties, despite the petitioners being the legal owners of the properties through an appropriate process of law and paying of all relevant taxes. The petitions were filed against the administration for being judge and jury in itself in taking a decision in a vendetta against the petitioners being members of a minority community without reasonability and rationality. The action taken by the administration was against the principle of natural justice and humanitarian ground of law.

    “By carrying out the arbitrary and illegal demolition without any proper notice, the administration has deprived the petitioners of the Right to Livelihood and Right to Shelter. In the case of Waqt restaurant owned by Ateeq Ali, not only was the front portion of the restaurant demolished, but two rooms built on the restaurant (which were well-drafted within the sale deed) which housed the staff of the restaurant were also demolished. Thus while the owner of the restaurant has been deprived of the Right to Livelihood, the restaurant staff have been deprived of the Right to Shelter,” the counsel for the petitioners told The New Indian Express on Friday.

    “The demolition of the Super Bakery is even more shocking, as rioters had set ablaze the same bakery during the communal violence on April 10. Two days later, the administration not only demolished the Bakery (despite its owner Amjad having all requisite ownership and related documents) but even demolished the generator installed there,” Warsi said.

    In their petitions, the petitioners have declared that no other proceeding on the same subject matter has been instituted in any court, authority or tribunal.

    The petitioners in both the writ petitions, have demanded institution of a judicial enquiry against the arbitrary and illegal action of the government/administration, compensation for the demolished properties and their reconstruction and punitive action against the concerned officers who’ve acted extra judicially, the counsel added.

    During the hearing of the petition challenging the demolition of part of Waqt Restaurant, the additional advocate general of MP, Pushyamitra Bhargav, submitted that due process of law has been followed in the matter of demolition of the property. Only that part of the property has been demolished, which could not have been compounded under the provisions of law. He further submitted that for the remaining part of the property, no action shall be taken against the petitioner for its demolition without following the due process of law. 

  • Live-in relationships are leading to rise in sexual offences, promiscuity: Madhya Pradesh High Court

    By PTI

    INDORE: The “bane of live-in relationship”, a “byproduct” of rights conferred under Article 21 of the Constitution, is leading to a rise in sexual offences and promiscuity, the Madhya Pradesh High Court has said.

    Justice Subodh Abhyankar of the Indore bench of the high court made the observation while rejecting a pre-arrest (anticipatory) bail plea of a 25-year-old man accused of raping a woman.

    In the order dated April 12, the court said, “Taking note of the spurt of such offences in recent times arising out of live-in relationships, this court is forced to observe that the bane of live-in-relationship is a by-product of Constitutional guarantee as provided under Art.21, engulfing the ethos of Indian society, and promoting lascivious behaviour, giving further rise to sexual offences.. Article 21 guarantees the right to life and personal liberty. The courts, over the years, have widened its ambit to cover many things including the right to dignity and privacy.”

    Highlighting the rise in legal disputes arising out of live-in relationships, the high court said, “Those who wanted to exploit this freedom are quick to embrace it, but are totally ignorant that it has its own limitations, and does not confer any right on any of the partners to such relationship.”

    The court noted that the case diary and documents revealed that the complainant woman got pregnant more than twice and aborted the foetus under pressure from the applicant (her then live-in partner). “When their relationship fell apart, the woman got engaged to some other person, but the applicant, being a jilted lover resorted to blackmailing her,” the judge said.

    The applicant even sent video messages to the would-be in-laws of the woman where he threatened that he would commit suicide and they would also be held responsible for it besides the woman’s family, the court noted.

    This led to the cancellation of the woman’s marriage, the high court said, citing the prosecution’s case. Amit Singh Sisodia argued on behalf of the state government in this case.

  • ‘Ask your bhaiya to be careful’: SC questions ‘celebratory hoarding’ for rape accused after bail from HC

    By PTI

    NEW DELHI: “Ask your bhaiya to be careful this week,” a miffed Supreme Court told the defence counsel in a rape case on Monday as it decided to consider a victim’s plea for cancellation of bail of the accused after its attention was drawn to a hoarding captioned ‘bhaiya is back’ that was put up to celebrate his release.

    A bench comprising Chief Justice N V Ramana was told by the counsel for the girl that banners, having the statement that ‘bhaiya is back’ (elder brother is back), have been put up in the local area celebrating the grant of bail to the accused by the Madhya Pradesh High Court.

    “What are you celebrating after the bail? This says there was a hoarding which says ‘bhaiya is back’. What is this hoarding all about,” the bench, also comprising justices Krishna Murari and Hima Kohli, said.

    “There’s a hoarding, what is this ‘bhaiya back’? On what occasion you put the hoarding,” it asked again.

    The defence counsel said the hoarding was probably put after the accused was granted bail.

    “Ask your bhaiya to be careful this week,” the bench retorted and put the plea for cancellation of bail of the woman for further hearing on April 18.

    The FIR alleged that the accused committed sexual intercourse with the girl, a major, on various occasions over a period of three years after falsely promising to marry her.

    He was arrested in September last year.

    The high court granted bail saying that the accused was not required to be kept in custody during the entire trial period.

    The accused had contended in the high court that he had a consensual relationship.

  • Accused wishes to donate kidney for ailing father, be taken to hospital for tests: SC

    The bench also directed the trial court to expedite the trial in the case and dispose it, preferably within six months.

  • Madhya Pradesh High Court seeks state government’s reply over OBC quota order

    By PTI

    JABALPUR: The Madhya Pradesh High Court has sought a reply from the state government by September 20 on a petition challenging the General Administration Department’s order announcing 27 per cent reservation for the OBC category in certain admissions and recruitment.

    A Delhi-based organisation named ‘Youth For Equality’ has filed a petition challenging the state General Administration Department order issued on September 2.

    The petition came up for hearing before a division bench of Chief Justice M Rafiq and Justice V K Shukla on Thursday.

    The plea says that the high court had on September 1 had declined to vacate its stay to an ordinance which increased the reservation for Other Backward Classes (OBCs) from 14 per cent to 27 per cent in the state.

    Therefore it is not possible to provide 27 per cent reservation to the OBCs for any admission or recruitment process, the petition argued.

    A day after the high court continued its stay, the state government had announced 27 per cent reservation for OBC in certain admissions and recruitments, barring the departments where the high court’s injunction prevailed.

    The court has fixed the next date of hearing on September 20.

  • MP: HC seeks reply from Panna ‘Rajmata’ on royal family members’ plea for quashing of FIR

    By PTI

    JABALPUR: The Madhya Pradesh High Court has issued a notice to Dilhar Kumari, the ‘Rajmata’ of the erstwhile princely state of Panna in the state, asking her to submit her reply on a petition filed by her son ‘Maharaja’ Raghvendra Singh and four other members of the royal family seeking quashing of an FIR registered against them.

    Justice A K Sharma of the high court issued the notice on Wednesday and also directed the state government to produce the case diary in the next hearing four weeks later.

    Raghvendra Singh and four other members of the royal family have filed the petition pleading quashing of an FIR registered against them based on Dilhar Kumari’s complaint, the petitioners’ counsel Rajesh Patel said.

    In July this year, the police had registered the FIR under various IPC sections, including 506 (criminal intimidation) and 458 (house trespass), and relevant sections of the Arms Act against the Rajmata’s daughter-in-law Jiteshwari Devi and others at Kotwali police station in Panna district, he added.

    In their plea, the petitioners have alleged that Dilhar Kumari wants to put undue pressure on them as a civil case related to property of the royal family pending in a Panna court, Patel said.

    The petition said that an FIR has been lodged against them (the petitioners) on a false complaint, he said.

    There has been a discord in the royal family since a long time, especially between Dilhar Kumari and Jiteshwari Devi over property and diamonds worth crores of rupees.

    Both the parties live in the same royal palace at Panna, sources in the palace said.

    Police had arrested Jiteshwari Devi in July for allegedly pointing a pistol at her mother-in-law and assaulting her on the night of June 19.