Utkarsh K. Shahi 🇮🇳

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जननी जन्मभूमिश्च स्वर्गादपि गरीयसी।

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

On Places of Worship Act 🧵:

Even though the Sambhal Structure does qualify as an exception under Section 4(3) of the Act, the PoW Act itself suffers from serious constitutional infirmities that render it ultra vires the constitution :

1. To begin with, the law treats religious property disputes differently from other civil matters, creating an unreasonable classification that denies affected parties equal access to justice.

This denial of equal access to justice violates not just Article 14 but also violates Article 21; access to justice has been held to be a fundamental right under Article 21 on numerous occasions by the Supreme Court.

The Act's blanket prohibition on converting places of worship infringes upon religious freedom guaranteed under Article 25. While the state can impose reasonable restrictions on religious practices, the Act's absolute bar on addressing historical grievances through the judicial process is disproportionate.

2. The Act arbitrarily excludes the birthplace of Prabhu Shri Ram from its purview while including the birthplace of Shri Krishna, despite both being revered as incarnations of Bhagwan Vishnu and worshipped equally among Hindus. This selective treatment lacks any rational basis, rendering the 1991 Act arbitrary and irrational. Two religious sites, both equally revered in Hinduism, are treated differently under the Act without a clear or rational explanation.

How can a law draw an arbitrary distinction between the birthplaces of Shri Ram and Shri Krishna ?

3. The Act's arbitrary selection of August 15, 1947, as a cut-off date creates an arbitrary classification in religious property disputes without a rational nexus to its stated objective of maintaining communal harmony.

This classification effectively denies legal remedies to parties with legitimate grievances, violating the principle of equality before the law under Article 14.

4. An argument that the defenders of the Act often come up with is that the Supreme Court praised the law in Ayodhya Judgment. The Supreme Court never examined its constitutionality since it was not under challenge. So any observation made when the constitutionality was not under challenge (obiter dicta) will have no bearing while deciding the constitutionality of an act.

Though the Act is presently under challenge before the Supreme Court, a constitution bench is yet to be constituted to hear the matter. We do not even need to wait for the SC to determine its constitutionality; the Parliament must repeal the Places of Worship (Special Provisions) Act, 1991. The repeal of the act is inevitable; it must be done sooner than later.

A law that violates my fundamental rights under Articles 14, 15, 21, 25 and 26 of the constitution must not exist.

The constitutional goal of social harmony would be better served through regulated judicial processes rather than an outright ban on dispute resolution. You cannot arbitrarily deny access to justice without providing any alternative legal recourse.

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

चीन शत्रु है लेकिन उससे सीमा विवाद है; अभी तक चीन ने प्रत्यक्ष रूप से भारत में आतंकवाद करके हज़ारों आम नागरिकों और सैनिकों को मौत के घाट भारत के शहर शहर में नहीं उतारा है।

पाकिस्तान की स्थापना हिंदू सभ्यता के प्रति शत्रुता और भारत-विरोध की विचारधारा पर हुई थी। यही कारण है कि पाकिस्तान के साथ भारत का संघर्ष स्वभाव से वैचारिक और अस्तित्वगत है। इसके विपरीत, चीन के साथ भारत का संघर्ष मूलतः राजनीतिक और रणनीतिक है, न कि कोई अस्तित्वगत वैचारिक युद्ध।

हालाकि चीन भी कुछ अलगाववादी संगठनों को परोक्ष रूप से समर्थन देता रहा है लेकिन उसने अपने यहाँ भारत में रक्तपात करने वाले हर एक आतंकवादी संगठन को पोषित नहीं किया है।

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

And the DMK spox repeats a long-debunked falsehood:

1. Justice Muralidhar's transfer was approved by the Collegium two weeks before the said hearing, and his transfer notification was just a formality; the Govt can't transfer a judge without a Collegium recommendation.

2. He never directed the Police to register an FIR! He made prima facie observations, asked police to apply their mind and granted them time to take a decision in accordance with the law. No direction to register an FIR was issued!

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

And the DMK spox repeats a long-debunked falsehood:

1. Justice Muralidhar's transfer was approved by the Collegium two weeks before the said hearing, and his transfer notification was just a formality; the Govt can't transfer a judge without a Collegium recommendation.

2. He never directed the Police to register an FIR! He made prima facie observations, asked police to apply their mind and granted them time to take a decision in accordance with the law. No direction to register an FIR was issued!

[Saravanan Annadurai @saravofcl]

Did this Judge Gentleman speak anything when Justice Muralidhar was unceremoniously transferred out of Delhi High Court for directing the Delhi Police to register an FIR against the Hate Speech of BJP leaders @ianuragthakur and Kapil Mishra, voice out his concerns?

Was he twiddling his thumbs, when Justice Muralidhar was not allowed by the BJP to assume charge as CJ of Madras High Court?

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

Manufactured anti Muslim fear? Are the likes of JeM, LeT, HuM & IM “manufactured” terrorist organizations? Have they not killed thousands of our civilians & soldiers?

Are they not Islamist in character and ideology? And Dhurandhar is about terrorism emanating from Pakistan!

Why does an Indian Muslim have to feel restless over truth being shown about Pakistani terrorism?

[Aditya Raj Kaul @AdityaRajKaul]

Indian Army Chief General Upendra Dwivedi with young officers of the Indian Army after the passing out parade at the IMA Dehradun. 🔥

[Rosy @rose_k01]

FINALLY Found the Lyrics of Akshaye Khanna Dhurandhar Song 😂😂😂

[Maj Manik M Jolly,SM @Manik_M_Jolly]

Someone teach him that aggression isn’t the best technique for begging.

I’m sure he was insulted nicely behind closed doors by both Putin and Erdogan.

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

Manufactured anti Muslim fear? Are the likes of JeM, LeT, HuM & IM “manufactured” terrorist organizations? Have they not killed thousands of our civilians & soldiers?

Are they not Islamist in character and ideology? And Dhurandhar is about terrorism emanating from Pakistan!

Why does an Indian Muslim have to feel restless over truth being shown about Pakistani terrorism?

[Arfa Khanum Sherwani @khanumarfa]

On India Today I said it plainly:
Dhurandhar is gore, misogyny, and manufactured anti-Muslim fear.
Also Bollywood needs to stop exoticising Muslims.
Leave them alone, they’re just trying to get through another day.

[Narendra Modi @narendramodi]

The Cabinet has approved the CoalSETU policy, creating a new window to enable seamless, efficient and transparent utilisation of coal. It will support Ease of Doing Business, boost domestic availability and reduce dependence on imported coal. It is yet another important step towards strengthening India’s energy security and accelerating growth.

https://t.co/7Ak4KXGl3Q

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

So the opposition has moved this bogus impeachment motion to remove Justice Swaminathan!

What is this?

A brazen attempt to weaponize impeachment and intimidate the judiciary!

The judge’s fault?

He delivered a judgment upholding the right of Hindu believers to light a Deepam and practise a long standing ritual on the temple’s land!

Besides being anti Hindu, this act is anti rule of law, anti Constitution and therefore anti India too. They know the motion has no chance of success, which exposes their real intent to bully the court for protecting Hindu rights and ancient customs.

Using impeachment as a weapon to put political pressure is a shameful stunt to intimidate the higher judiciary in the country. Most importantly, it is a grave assault on the red book they carry in their pockets too!

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

So the opposition has moved this bogus impeachment motion to remove Justice Swaminathan!

What is this?

A brazen attempt to weaponize impeachment and intimidate the judiciary!

The judge’s fault?

He delivered a judgment upholding the right of Hindu believers to light a Deepam and practise a long standing ritual on the temple’s land!

Besides being anti Hindu, this act is anti rule of law, anti Constitution and therefore anti India too. They know the motion has no chance of success, which exposes their real intent to bully the court for protecting Hindu rights and ancient customs.

Using impeachment as a weapon to put political pressure is a shameful stunt to intimidate the higher judiciary in the country. Most importantly, it is a grave assault on the red book they carry in their pockets too!

[Narendra Modi @narendramodi]

An outstanding speech by Home Minister Shri Amit Shah Ji. With concrete facts, he has highlighted diverse aspects of our electoral process, the strength of our democracy and also exposed the lies of the Opposition.

[Sensei Kraken Zero @YearOfTheKraken]

This Dhurandhar Review by Lallantop Intellectual is even more insane

This guy says Rang De Basanti propaganda was okay because it was anti-establishment but Dhurandhar's problem is that it is pro-Establishment

Matlab gajab hai bhaisahab

[Navroop Singh @TheNavroopSingh]

“India has been a very difficult nut to crack on Trade Deal”

US Trade Representative Jamieson Greer testifies before the Senate Appropriations Subcommittee on American economy, #tariffs and trade deals

[Elon Musk @elonmusk]

Looking forward to serving India with @Starlink!

[Narendra Modi @narendramodi]

People in India and around the world are thrilled.

For us, Deepavali is very closely linked to our culture and ethos. It is the soul of our civilisation. It personifies illumination and righteousness. The addition of Deepavali to the UNESCO Intangible Heritage List will contribute to the festival’s global popularity even further.

May the ideals of Prabhu Shri Ram keep guiding us for eternity.

@UNESCO

[Vijay @centerofright]

Liar of the first order - till 2002 Flag code Amendment Tiranga was not allowed to be flown by All- Naveen Jindal went all the way to Supreme Court for a decade for citizens right to hoist flag https://t.co/NIpxYw9Grj https://t.co/euDwR0S397

[Utkarsh K. Shahi 🇮🇳 @ukshahi]

The Supreme Court in the Ayodhya Judgment clearly held that a reasonable inference could be drawn that the foundation of the mosque was based on a large pre-existing structure of Hindu origins.

Justice Nariman has either not read the judgment or is guided by his own bias.

[Narendra Modi @narendramodi]

To witness the Dharma Dhwajarohan Utsav at Shri Ram Janmabhoomi Mandir is a moment crores of people in India and the world have waited for. History has been made in Ayodhya and this inspires us even more to walk the path shown by Prabhu Shri Ram.

[ANI @ANI]

#WATCH | Ayodhya Dhwajarohan | PM Modi and RSS Sarsanghchalak Mohan Bhagwat ceremonially hoist the saffron flag on the Shikhar of the sacred Shri Ram Janmbhoomi Temple, symbolising the completion of the temple’s construction.

The right-angled triangular flag, measuring 10 feet in height and 20 feet in length, bears the image of a radiant Sun symbolising the brilliance and valour of Bhagwan Shri Ram, with an ‘Om’ inscribed on it along with the image of the Kovidara tree.

(Source: DD)