Saturday, January 23, 2010

Re: [IndianVoice] Hubli: SC rules Idgah Maidan belongs to HDMC

My take:
Judges are supposed to aid and abet Islam. How they denied AeIslam needs CBI enquiry.

Humanity failed to understand that Judiciary has nothing to do with justice. 'Justice' is the first casualty in judiciary. By default Judiciary has to uphold the Indian Constitution and Law. [THIRD SCHEDULE OF THE Indian Constitution, Form IV and VIII read with Article 29(1) of the Indian Constitution]. How can Judiciary deviate from her own oath? Judiciary is house of organized financial racketeers, pettifoggers, frauds, usurpers and cheats. A man of character cannot stay in judiciary. The judiciary is being abused by judges since its inception. The puppet Judiciary has always been instrumental in stealing the possessions of the subjects and eradication of Vedic culture. One, who takes oath of faith and allegiance in the Indian Constitution, is one's own enemy. Judiciary is puppet. Judiciary has to obey the President and Governors. Judges function on the mercy of the prosecution. The apex court revealed her deadly fang no sooner she justified the first amendment in the Article 31 of the Indian Constitution by the house of robbers named Parliament in (Shankari Prasad Singh Deo v UOI, AIR 1951 SC 458: 1052 SCR 89;) (Hiralal J. Kania CJ and 4 other JJs. Date decided 5-10-1951) pertaining to the fundamental right to property, again when her subordinate Calcutta High Court held (Chandmal Chopra v State of West Bengal AIR 1985 CALCUTTA 104; 1986 Cr.L.J. 182) that no court can sit into the judgment against the guides of criminals named Koran and Bible, and when apex court awarded salaries to Imaams. (AIR 1993 SUPREME COURT 2086).  In India Socialism was implemented through amendment in the Indian Constitution in 1971 and replaced with open market economy in 1992. No one questions for the fate of socialism, which is literally robbery of the haves. 

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On Thu, Jan 14, 2010 at 5:29 AM, sri venkat <> wrote:

*Idgah Maidan belongs to HDMC, rules SC*

Rishikesh Bahadur Desai , TNN, 13 January 2010,

HUBLI: With the Supreme Court ruling that the Idgah Maidan was the exclusive
property of the HDMC, one of the longest-running legal battles in Karnataka
was settled on Wednesday.

A Bench comprising Dalveer Bhandari and A K Patnaik dismissed an appeal by
Anjuman e-Islam (AeI) against the high court order in the 40-year-old case.
The Bench upheld the order of the high court that had, in turn, upheld a
trial court's order.

The HC had held that the maidan was the exclusive property of the HDMC and
that the AeI had a licence to hold prayers in the grounds twice a year. It
also said the licence did not allow the AeI to build any permanent
structures on the maidan and directed the HDMC to demolish the commercial
complex built by AeI there. The AeI had challenged the HC judgment and
sought rights to maintain the maidan.

When the hearing began on Wednesday, the AeI counsel submitted that they be
given the right to maintain the maidan. However, Justice Bhandari said the
Bench would dismiss the petition. The AeI counsel said this would mean they
had lost the case. Refuting this, Justice Patnaik said: "You have virtually
won the case. But if you don't want us to dismiss the case, you withdraw
it." When they refused to withdraw it, the Bench dismissed it.

However, the Bench did not agree to AeI counsel's argument that the
agreement between the HDMC and the Idgah Maidan be termed as lease and not
licence. "By no stretch of imagination it can be called a lease," Justice
Bhandari said.

Soon after the news spread, RSS and other Hindu organizations held
celebrations in front of the maidan in Hubli. RSS leader Shridhar Nadiger
demanded that HDMC authorities should hoist the national flag at the maidan
on Republic Day (January 26) and Independence Day (August 15).


AeI had obtained rights to perform mass prayers on the maidan twice a year,
in 1921. The agreement is valid for 999 years. The nature of the agreement,
however, has been contested. Controversy erupted when the AiE tried to build
a commercial complex on the maidan in 1972. B S Shettar and 105 others
challenged this in the court. The HC held that the maidan was not the
property of AeI and directed the authorities to demolish the complex. AeI
appealed against this in the Supreme Court.

In their petition, Shettar and others had pleaded that the agreement be
termed a licence and not a lease. They had also pleaded that the general
public be given a customary right to use it. All these issues have been
resolved with the Wednesday's judgment.


The Idgah Maidan dispute has been a game changer in the politics of the twin
cities. Many politicians like MP Prahlad Joshi, minister Jagadish Shettar
and former MLA Ashok Katwe kick-started their career with the issue. It also
significantly contributed to the political growth of MP Ananth Kumar.

Some analysts would say the Idgah controversy contributed to the spread of
the BJP's influence in north Karnataka. Joshi, who is supporting the
petitioners, said this was the happiest day in his life. "I have been
supporting the petitioners since 1993. This is a victory for several
activists who fought for the cause and lawyers who pleaded the case," he


1921 AeI signs agreement with Hubli municipality for using the 1.5-acre land
for prayers

1990 AeI builds a commercial complex in the maidan

1992 B S Shettar and others file a petition against the construction

1994 District and sessions court directs HDMC to demolish the complex

1994 AeI appeals against this order in the high court

1994 Six persons killed in police shooting

1997 AeI hoists national flag on the ground after the then CM H D Deve Gowda

1995 High court upholds the district court order

1995 AeI approaches SC

2004 SC directs the two parties to settle the issue amicably by holding

2004 A committee headed by Moorusavira Mutt Swami formed to settle the issue

2004 Madhya Pradesh CM Uma Bharati, who led the Idgah Maidan liberation
movement, issued non-bailable warrant by Hubli magistrate court. She resigns
and surrenders before the court.

2009 HDMC submits a petition to the SC, saying talks fail

2009 Families of those killed in the shooting compensated

2010 SC upholds the HC order.

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