Tag: Allahabad High Court

IT Raids Azam Khan

Azam Khan Disqualified From UP Assembly Membership

By LokMarg

SP leader and Rampur MLA Azam Khan were on Friday disqualified from the membership of the Uttar Pradesh Legislative Assembly, as per the Office of UP Assembly Speaker, a day after he was sentenced to 3 years in prison along with a fine of Rs 2,000 in a hate speech case of 2019.

Khan has been sentenced to three years in prison in a 2019 hate speech case by the Rampur District court, and he lost his Assembly membership as his eventual imprisonment term is longer than two years.
The SP leader lost his MLA post because as per the 2013 Supreme Court judgment if an MLA, MLC, or MP is convicted in a criminal case and gets jailed for a minimum of two years then he/she loses membership of the house with immediately effect.

Azam Khan won the 2019 Lok Sabha election from Rampur (UP) but he vacated this seat after being elected to the UP state assembly in March 2022. The SP leader had won the 2022 assembly election from Rampur while being lodged in Sitapur jail.

Earlier on Thursday, the Samajwadi Party leader and two other accused were sentenced to three years in prison along with a fine of Rs 2,000 in a hate speech case filed against him over his speech against UP Chief Minister Yogi Adityanath. However, he has been granted bail and given a week’s time to appeal against the sentence.

A case was registered against Khan in Rampur in April 2019 for allegedly making provocative remarks against the Uttar Pradesh CM and the then District Magistrate of Rampur, Aunjaneya Kumar Singh.

During the 2019 Lok Sabha election campaign, Khan had used provocative remarks against the then Rampur district magistrate Aunjaneya Kumar Singh, chief minister Yogi Adityanath, Prime Minister Narendra Modi, and Congress candidate Sanjay Kapoor.

Earlier this year, Azam Khan was released from Sitapur district jail, a day after the Supreme Court granted him interim bail in an alleged case of cheating.

The SP leader was also granted bail in a cheating case lodged at the police station in Rampur.

Khan has been lodged in Sitapur jail since February 2020 as many cases are registered against him.

Earlier, in a big relief to the SP leader, the Allahabad High Court on October 1, 2022, had put his arrest on hold. The matter pertains to the disappearance of machines used for construction in 2017 for which a case was registered on September 19, this year.

A person named Baqur Khan brought the case to the fore. The missing machinery including bulldozers, carriers, and other materials was later found on the premises of Muhammad Ali Jauhar University. The Allahabad HC also sought a reply from the Uttar Pradesh government on this matter.

On May 10, 2022, the Allahabad HC granted interim bail to Khan in a case related to wrongful possession of Waqf Board property.

Azam Khan began his political career by winning the 1980 assembly election on Janata Party (Secular) ticket from Rampur. He has served as a minister in both Akhilesh Yadav and Mulayam Singh Yadav governments. (ANI)

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Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

Allahabad HC To Hear Gyanvapi Case Today

By LokMarg

Allahabad High Court on Wednesday will hear a plea on Wednesday challenging the Varanasi District Court’s decision on the challenge to the petition of Hindu devotees.

The matter is related to the Kashi Vishwanath temple-Gyanvapi mosque dispute. The Anjuman Intezamia Masjid Committee has filed a petition in the Allahabad High Court against the order passed by the Varanasi District Court.

The plea stated that the order passed in the district court is not maintainable. The plea claimed the Gyanvapi case falls under the Worship Act, under which it cannot be heard.

The High Court on Tuesday imposed a fine of Rs 10,000 on the Director General of the Archaeological Survey of India (ASI) for failing to submit a personal affidavit within the deadline. The HC granted the last opportunity to the SSI DG to file a personal affidavit in the case in 10 days.

The High Court was hearing a case in which a Varanasi court ordered the ASI to conduct a survey in the Kashi Vishwanath temple-Gyanvapi mosque complex to ascertain whether a Hindu temple was partially demolished for the construction of the Gyanvapi mosque in the 17th century.

The plea was filed by the Anjuman Intazamia Masjid Committee challenging the suit filed in Varanasi court and seeking the restoration of land on which the Gyanvapi mosque is situated.

Pertinent to mention, a Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.

However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds. Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Gyanvapi: Court Rejects Plea Seeking Carbon Dating Of Shivling

By LokMarg

A Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.
However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Gyanvapi mosque ASI

Varanasi Court To Decide On Shivling In Gyanvapi Today

By LokMarg

A Varanasi court is expected to deliver its verdict on Friday on the Hindu side’s plea seeking carbon dating of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.
Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Gyanvapai mosque

Gyanvapi Case: Verdict On Shivling Carbon Dating Defers Till Oct 11

By LokMarg

The Varanasi court on Friday deferred to October 11 the hearing on the Hindu side’s plea seeking carbon dating/scientific investigation of the structure found inside the Gyanvapi Mosque which they claimed to be a ‘Shivling’.

The Anjuman Intezamia Committee’s arguments will be heard by the Varanasi court on October 11 and thereafter, the court will pronounce its order on the matter.
Speaking to media persons, Advocate Vishnu Jain, representing the Hindu side in the Gyanvapi case said, “The court asked us to clarify on two points whether the structure found inside Gyanvapi Masjid is part of this suit property or not? Second, can the court issue a commission for scientific inquiry? We have submitted our reply.”

Advocate Jain further said that the Muslim side has sought some time to reply. The matter will now be heard on October 11.

The bench of Varanasi District Judge Ajay Krishna Vishwesh delivered the order.

“We said that it is part of our suit property and by virtue of Order 26 Rule 10A of CPC, the Court has the power to direct scientific investigation. Muslim side has sought some time to reply. The matter will now be heard on October 11,” he added.

Earlier on September 29, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Besides this case, two more cases that could not be heard on Thursday due to the holiday will be heard today. First, pertaining to the demand from the court to worship the Shivling found in Gyanvapi, a case filed on behalf of Shankaracharya Swami Avimukteshwarananda.

The second is in connection with the case demanding to hand over the ‘Shivling’ site found in Gyanvapi to the Hindus. Hearing on both applications is to be held in the court of Senior Civil Judge Kumudlata Tripathi today.

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Earlier on September 12, the Varanasi Court had dismissed a plea of the Anjuman Islamia Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound. (ANI)

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Slaughterhouse Diary I

Slaughterhouse Diary I: Pushed to pulling

By LokMarg Publishing


is a former employee of AQ Frozen Foods Pvt. Ltd, an abattoir in Uttar Pradesh’s Amroha district now closed down for various irregularities as per a state order. Alam is 50, and has to now earn his living as a rickshaw puller in Amroha town.

I can never forget the fateful morning of July 28 last year, when I went to the factory and found the gates sealed, along with a notice pasted on it from the DM (district magistrate) Sahib’s office. Colleagues told me that local Bharatiya Janata Party leaders had complained about some irregularities in the abattoir to get even with Bahujan Samaj Party leader Naseemuddin Siddiqui (now expelled from the party, Siddiqui was allegedly a part owner of the unit).

The Yogi government was quick to oblige. My fate too was sealed. When elephants fight, it is the grass that suffers. Nearly 400 men lost their livelihood at one stroke of Yogi’s ‘knife’. I want to ask you who is the real butcher? Now, at 50, I am forced to pull a rickshaw in the town area, which hardly matches the income and comfort of the life in the company.

In my five years at the slaughterhouse, I had learnt the art of skinning the animals. I was taking home about Rs 5,000 every month. My friends told me I could earn double the amount if I proved my skills at abattoirs in bigger towns. My three sons also chipped in with odd jobs. We lived a decent life, including weekly off days to be with family. Now a day off from work means loss of precious earnings. Already my income is half of what I earned in the factory. I make Rs 100-150 a day.

Nobody pays generously to a rickshaw puller in a place like Amroha. The work is back-breaking labour of 12 hours, in harsh sun or bitter cold. What else can I do? I am illiterate and have no skills to find another job. Some of my colleagues who lost their jobs took to carpenter shops here but with too many of us on the road, jobs are few and far between. Some (of the ex-workers) have migrated to different states to work as farm labour, but they are young men with small families.

I have a large family (three sons and two daughters-in-law), it will be difficult for us to move. It is important that I stay here. Only good thing is that hard times have made my sons more responsible. They now take their odd jobs seriously and contribute towards the expenses of the family. My wife too, after her household work, uses a cot to lay out pan masala and tobacco sachets for sale.

The earning is not much, but every penny helps. I often run into my former boss at the factory, a kind-hearted man. He tells me to remain positive as the Allahabad (High) Court is seized of the matter and, Insha Allah, the factory will re-open soon. One thing has still not changed from the old times. After calling it a day, I visit the chai shop outside the factory to catch up with my old colleagues.

There, over warm tea in small plastic cups, we remember our heydays in the factory. Some have left the town, but there are still less than a dozen of us who still meet up in the evening and pray together for the re-opening of the abattoir.

More From the Slaughterhouse Diary
Part II: A School Reborn
Part III: Blossoms of Hope

-With editorial assistance from Lokmarg