Jai Hind Jai Bharat

Jai Hind Jai Bharat

Tuesday, November 30, 2010

Eid al-Mubahila … Day of victory of Islam


By God, I see the faces which, if they pray to God for mountains to move from their places, the mountains will immediately move!

But whoever disputes with you in this matter after what has come to you of knowledge, then say: come let us call our sons and your sons and our women and your women and ourselves and yourselves, and then let us invoke the curse of God on the liars." (3:61)

This Quranic verse refers to the famous event of ' Mubahila ' which took place in the year 10 A.H. against the Christians of Najran.

A deputation of 60 Christians of Najran headed by Abdul Masih their chief monk priest came and discussed with the Holy Prophet (S) the personality of Prophet Jesus (A). The Holy Prophet (S) told them not to deify Jesus for he was only a mortal created by God, and not God Himself. Then they asked who the father of Jesus was. By this, they thought that since he was born without a father the Holy Prophet (S) would helplessly accept Jesus' father being God himself. In reply to this question was revealed the Verse:

“Verily, similitude of Jesus with God is as the similitude of Adam; He created him out of dust then said He unto him BE, and he became.”

When the Christians did not agree to this line of reasoning, the top-mentioned verse was revealed enjoining upon the Holy Prophet (S) to call the Christians to Mubahila. To this the Christians agreed. They wanted to return to their place and would have the Mubahila the next day.

Early next morning the Holy Prophet (S) sent Salman al-Farsi (R) to the open place that was fixed outside the city for the historic event to erect a small shelter for himself and those he intended to take along with him for the contest.

At the appointed hour, the Christians witnessed the Holy Prophet (S) entering the field with Imam Hussain (A) in his lap, Imam Hasan (A) holding his finger, and walking beside him Lady Fatima (A) and followed by Imam Ali al-Murtada (A). The Holy Prophet (S) on reaching the appointed spot stationed himself with his daughter, her two sons and her husband, raising his hands towards the heaven said:

“Lord these are the People of my House.”

The Chief Monk on knowing that the baby in the lap of the Holy Prophet (S) was his young grandson Imam Hussain (A), the child walking holding the Prophet (S)’s hand was his first grandson Imam Hasan (A), the Lady behind him was daughter his only surviving issue was Fatima (A) the mother of the two children, and the one who followed the Lady was his son in law the husband of Fatima (A), addressed the huge crowd of the people who had gathered on the spot, and addressed them saying:

“By God, I see the faces which, if they pray to God for mountains to move from their places, the mountains will immediately move!

O believers in the Jesus of Nazareth, I will tell you the truth that should ye fail to enter into some agreement with Muhammad (S) and if these souls whom Muhammad (S) has brought with him, curse you, ye will be wiped out of existence to the last day of the life of the earth!”

The people readily agreed to the advice counseled by their Leader. They beseeched the Holy Prophet (S) to give up the idea of the agreed Mubahila and requested for themselves to be allowed to continue their faith, offering to pay ' Jizya'.


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By: Muhammad b. Kazim

Haider Ajaz

Eid al-Mubahila

Eid al-Mubahila is annual commeration of the event of Mubahila occurred on 24th of Dhul-Hijja 9 [Hijri]] corresponding to wednesday, 6th of april 631 CE. On this day whenMuhammad and the Christians of Najran gathered to debate - and imprecate - each other.

The term mubahila in Arabic means "debate" but it has the additional meaning of "imprecate" (i.e., curse) as well. This dual association hails from the dynamics of debate in the nomadic cultures which became Islam. To the tribals of the desert who became Islam's first converts, a debate was not so much matching two arguments against each other to establish one proposition as having more merit than the other as it was threatening and cursing until the other person backed down. Eid al-Mubahila in 2010 is celebrated on November 30 and is a sound primer for the faithful in Islamic techniques of argument.


The Event

The event was the result of a delegation led by Abdul Masihm and 60 Christian followers addressing Muhammad regarding the nature of Jesus. Then, according to Qur'an Muhammad invited them to imprecation:

"If any one disputes in this matter with thee, now after (full) knowledge Hath come to thee, say: "Come! let us gather together,- our sons and your sons, our women and your women, ourselves and yourselves: Then let us earnestly pray, and invoke the curse of Allah on those who lie! 3:61"

Though the verse calls for (in 'Arabic) at least 3 "sons", at least 3 "women", and at 3 least "selves" from each side in the Mubahila, only Imam Hasan ibn 'Ali and Imam Husain ibn 'Ali represented the "sons" of the Prophet, only Fatima al-Zahra represented the "women", and only 'Ali ibn Abi Talib represented as the "self" or "soul" of the Prophet.

Towards the close of the ninth year of Hijra, embassies from all parts of Arabia came uninterruptedly to Muhammad at Medina, to profess Islam and to declare the adherence of their tribes to Muhammad. (Mention is made in the Qur’an as below about this in Sura An-Nasr (Succor, Divine support)

When there comes the help of Allah and the victory, And you see men entering the religion of Allah in companies, Then celebrate the praise of your Lord, and ask His forgiveness; surely He is oft-returning (to mercy). Quran 110:1-3

Until now, the Christians of Najran (a city in the province of Yemen) had kept themselves aloof. Muhammad sent a letter, inviting them to embrace Islam. In response to that letter the Christians counseled among themselves the course of their action and did ultimately send a representative deputation of fourteen members to Medina to study the facts pertaining to Muhammad and his mission. Three Christian scholars, viz. Abdul Maseeh Aaquib, Saiyed and Abdul Haris, headed the deputation.

When these deputies reached Medina, they changed their clothes, which they had worn on the journey, dressed themselves in silken garments, put rings of gold on their fingers, and went to the mosque to greet the Prophet. All of them greeted the Prophet traditionally, but the Apostle of God did not respond and turned his face away from them. They left the mosque and approached Osman and Abdul Rahman Ibn Auf, complaining "your Apostle wrote to us and invited us, but when we went to see him and wished him, he neither reciprocated our wishes nor replied to us. Now what do you advise us to do? Should we go back or wait for another opportunity?" Osman and Abdul Rehman could not comprehend the situation. At last they took the deputies to Ali, who advised them to remove the clothes of silk and the rings of gold that they were wearing and to put on their priestly robes. Muhammad would then willingly see them. Thereupon the Christian delegates changed into humble garments and presented themselves to the Apostle who then responded to their salutations and said, "By the Lord who has appointed me His Messenger, when they first came to me they were accompanied by Satan".

Thereafter the Apostle preached to them and requested them to accept Islam. They asked, "What is your opinion about Jesus Christ?" The Apostle said, "You may rest today in this city and after being refreshed you will receive the replies to all your questions from me." The Apostle was awaiting a revelation in this matter, and the next day the verses of the Qur’an Sura No.3 (Al-e-Imraan) verses 59-60 were revealed to him to show the true position of Jesus Christ.

Surely the likeness of Jesus is with Allah as the likeness of Adam; He created him from dust, then said to him ‘Be’, and he was. (This is) the truth from your Lord, so be not of the disputers.[/b] Quran 3:59-60

When they reappeared before Muhammad, he recited the above verses before the visiting Christians explaining that Christ was a Prophet like Adam and like Adam, created from dust and therefore could not be the son of God. After this, Muhammad invited them to embrace Islam. The Christians refused. Thereupon the following verse No. 61 from Sura No.3 was revealed:-

But whoever disputes with you in this matter after what has come to you of knowledge, then say: Come let us call our sons and your sons and our women and your women and ourselves and yourselves, then let us be earnest in prayer, and invoke the curse of Allah on the liars. 3:61

Now Muhammad reproduced the Quranic verse before the deputation of the Christians and declared the challenge of ‘Mubahala’. The term ‘Mubahala’ is derived from its Arabic root ‘Bahlah’ meaning ‘curse’. Thus the word ‘Mubahala’ literally means cursing each other. The Christians consulted each other and ultimately announced their acceptance of the challenge.

Early next morning Muhammad sent Salman al Farsi ( May Allah be well pleased with him ) to the open place, fixed outside the city for the historic event, to erect a small shelter for himself and those he intended to take along with him for the contest. However, early next morning, the 24th of the month of Dhilhijjah, Muhammad sent Salman to the selected site, outside the city area, to set up a shelter for those whom he would take with him, as his sons, women and selves.

A large number of companions assembled in the masjid, making themselves available for the selection. On the opposite side of the field, selected for the contest, the Christians, with their selected men, women and children appeared on the scene.

At the appointed hour, a huge crowd, standing in wait, saw Muhammad coming in, Imam Husayn in his arms, Imam Hasan holding his index finger, walking beside him, Bibi Fatimah Zahra, close to his heels and Imam Ali just behind her-as his sons, women, and selves. Muhammad then directed them to utter "Ameen" when he prayed to God.

No sooner had the sacred caravan of Muhammad appeared to the sight of the opposing group of the Christians of Najran then they were awestruck and spellbound. Abdul Haris lbne Alqama, the greatest scholar among them, addressed his people:

"Verily I see a divine light on the face of our combatants, I am beholding such faces among them as can make the mountains move from their spots if they pray to God. So beware! Never try to contest with them, otherwise you will perish and the entire nation of Christians will succumb to extinction!"

Thereupon Muhammad reiterated, "By God! Had the Christians of Najran contested with us, they would have been transformed into monkeys and swine. Fire would have rained over them from the sky and they would have been doomed."

When the Christians refrained from ‘Mubahala’, Muhammad put before them two alternatives: either to embrace Islam or to be prepared to come to terms. But the Christians would not agree till the matter was finally decided by an offer of treaty from their side. Thus a peace treaty was signed on the terms that the Christians of Najran would thereby be committed to pay Muhammad an annual tribute consisting of two thousand costumes-worth: forty thousand Dinars, thirty horses, thirty camels, thirty armors and thirty spears. (Meraj-un-Nabuwat)

Authentic Proofs are quoted below regarding the Ayat of the Qur’an-Sura 3-verse 61 as given on page 73 Imam Fakhruddin Razi writes in his Tafseer-e-Kabeer (volume 2): "When this verse was revealed to the Holy Prophet, the Christians of Najran accepted the challenge of ‘Mubahala’ and the Holy Prophet took along with him Imam Hussain, Imam Hasan, Janab-e-Fatima and Hazrat Ali to the field of Mubahala’."

To quote Allama Zamakhshari in his ‘Tafseer-e-Kashshaf". "There can be no more authentic and stronger evidence for the integrity of Ashab-e-Kisa, i.e., Hazrat Ali, Janab-e-Fatima, Imam Hasan and Imam Hussain than this Qur’anic verse. For in compliance with the order of God the Holy Prophet summoned his Ahl-ul-Bait, took Hussain in his arms, grasped Imam Hasan’s hand in his own, asked Janab-e-Fatima to follow him and Hazrat Ali to follow her. This proved that the Holy Ahl-ul-Bait were those to whom the Qur’anic verse was directed."

It is related by Soad Ibne Waqas that: "When this verse was revealed, the Holy Prophet sent for Hazrat Ali, Janab-e-Fatima, Imam Hasan and Imam Hussain and prayed to God thus: "O My God! These are the very Ahl-ul-Bait of mine!" (Sahih Muslim. Vol. 1, Sahih Tirmizi.)

According to some versions it is stated that on the morning of 24th Zilhajj, a large number of people thronged the door of Muhammad, every one anticipating his chance to be selected for the team of ‘Mubahala’. But when Muhammad emerged out of his house accompanied by his ‘Ahl-ul-Bait’. They were all stunned.

When the event of the mubahila took place, the prophet was accompanied by a great number of Sahaba. The Sahaba's wanted to go out in a show of numbers and force so that the christians would be intimidated when they see how many followers the prophet of islam has got with him.

However when they got to a certain point, Muhammad thanked them all for their support but told them not to step any further, and that ONLY the following people would accompany him:

Imam Hassan, and Imam Hussain who were only young children at the time, Imam Hussain in his arms, and Imam Hassan holding his index finger; Lady Fatima walking behind him, and Hazrat Ali walking behind her.

The sahaba were in a state of shock. They wanted to know why yet again these members of his family had been singled out.

The prophet explained to them, that from here, they were going to go forward and to invoke ALLAH that WHOSOEVER amongst them is a LIAR then May Allah's curse and wrath be upon him. ANY LIAR would come under that curse.

If ANYONE of them had NEVER told ANY kind of a lie EVER, then they were welcome to step forward, because the curse was going to be on the liar.

What happened? Nobody had the guts to step forward, which is why the prophet took ONLY those who Allah has guaranteed their purification with the ayah of tatheer in Surah 33 Verse 33.

This was a challenge of Truth over Falsehood. Hence only those individuals could accompany the prophet who were singled out under the blanket of the prophet as being those to whom the verse of purification (quran 33:33) applies.

"Had there been any soul on the whole earth better than Ali, Fatima, Hasan and Hussain, God would have commanded me to take them along with me to ‘Mubahala’. But as they were superior in dignity and respect to all human beings, God confined His Choice on them only for participation in ‘Mubahala’". (Tasfeer-e-Baizavi)

Many Muslim scholars, commentators and traditionists whom the ummah acclaim with one voice, have given the details of this event with following conclusions:

  1. The seriousness of the occasion demanded absolute purity, physical as well as spiritual, to take part in the fateful event.
  2. Only the best of Allah's creations (the Ahl ul Bayt) were selected by Muhammad under Allah's guidance.
  3. It, beyond all doubts, established the purity, the truthfulness and the sublime holiness of the Ahl ul Bayt.
  4. It also unquestionably confirmed as to who were the members of the family of Muhammad.

(References:- Mahmud bin Umar Zamakhshari in al Khashshaf; Fakhr al Din al Razi in Tafsir Kabir; Jalal al Din al Suyuti in Tafsir Durr al Manthur; Tafsir Baydawi; Tafsir Nafsi; Tafsir Ibna Kathir; Sahih al Muslim and Sahih al Tirmidhi.)

A very large number of Muslims (and also nonmuslims) witnessed the contest and came to know that Ali, Fatimah, Hasan and Husayn were the "Ahlul Bayt" addressed in verse 33 of al Ahzab, known as ayah al tat-hir or the verse of purification.

In this verse, the divine command allows Muhammad to take with him "sons", "women" and "selves"; therefore, had there been "women" and "selves" worthy to be selected for this symbolic contest, among his companions, he would certainly have selected them, but as it was seen by one and all, only Fatimah and Ali (and their two sons) were chosen, because none of the anxiously waiting companions (among whom were the three caliphs and the wives of Muhammad) was truthful or so thoroughly purified as to deserve selection for an event which was divinely decreed in order to also make known the true ``successors of Muhammad.


Result

The Christians were to annually offer twelve thousand exquisite clothes, a thousand mithqal of gold, and some other items to remain Christians under the umbrella of Islam. On the basis of the mubahila verse, Zamakhshari, Baidawi, Fakhruddin Razi and others regard Ali, Fatima, Hasan and Hussain superior to all other people and argue that Hasan and Hussain are the sons of the Prophet.


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Haider Ajaz

Wikipedia

Monday, November 29, 2010

NRIs can now vote, Govt issues notification


A longstanding wish of millions of NRIs for voting right in India has come true with the Centre issuing a notification to this effect to enable them to exercise their franchise.

Parliament had in the monsoon session passed the Representation of People (Amendment) Bill, 2010 to allow NRIs to vote in Indian elections and now government has issued a gazette notification in this regard.

"Gazette notification has been issued giving voting rights to Non-Resident Indians," Overseas Indian Affairs Minister Vayalar Ravi told Lok Sabha, replying to a question.

An estimated 11 million NRIs are living in various countries across the world.

However, the person will be able to exercise the franchise only if he or she is present in the constituency on the polling day.

Ravi said NRIs, "who have not acquired citizenship of any other country and are living abroad owing to employment, education or otherwise, are now eligible to register their names in the electoral rolls" in their places as mentioned in their passport.

He said the Election Commission is likely to soon finalise the rules and regulations prescribing modalities for entry of names of NRIs in electoral rolls.

The Government had decided to allow the NRIs to participate in the democratic process to further boost the two-way engagement.

As per the existing rules, an NRI's name gets deleted from the voters' list if he or she stays outside the country for more than six months at a stretch.

The new law will allow an Indian citizen residing abroad to enroll in voter's list and exercise his franchise even if he or she remained away from place of residence in India for more than six months owing to employment, education or otherwise.

Prime Minister Manmohan Singh, addressing the Pravasi Bhartiya Divas earlier this year, had indicated that Indian passport holders living abroad could get voting rights by the time of next Lok Sabha elections in 2014.


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Haider Ajaz

(Lawyers Club India)

Saturday, November 27, 2010

Law Ministry Releases Draft of Legal Practitioners Act for Public Discussion

With a view to regularize the law industry in India, Ministry of Law and Justice has released the draft for the Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010. The basic premise of the draft law is to establish Legal Services Board, on the lines of Legal Services Board in the UK. The ministry is seeking feedback from members of the legal fraternity, educationists and general public on the proposed draft. (To download the official draft of this act, click here.)

Major Highlights of the Draft Act

As per the proposed scope, the Legal Practitioners Act, 2010 extends to the entire territory of India, except the state of Jammu and Kashmir. Major highlights of this act are:

  • Constitution of the Legal Services Board: The act proposes setting up Legal Services Board to regulate the law industry in India, including the regulatory objectives covered in the Advocates Act, 1961. The board will be an independent authority and not subordinate to any Government department.
  • Appointment of Ombudsman: The board may appoint a Chief-Ombudsman at the national level and subordinate Ombudsmen at the state-level. The Ombudsman will receive public complaints against legal professionals. S/he will have the right to conduct inquiry into the matter and will forward the findings to the Disciplinary Committee of the Bar Council of the State.
  • The Consumer Panel: The act proposes setting up a panel representing the interests of consumers and the clients of legal professionals. This panel will be called ‘Consumer Panel’.
  • Free legal services: The act binds lawyers to provide free legal services to financially weaker sections of the society. Legal professionals are bound to provide honest and true legal advice to their clients to help them make an informed choice.

As per the provisions in the law draft, Bar Councils will continue to function and exercise regulations as mentioned in the Advocates Act, 1961. However, the Legal Service Board will have supervising authority over the operations of Bar Councils in relation to the regulatory requirements mentioned in this act.

Download full text of the draft for Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.

For More Details Visit

www.lawisgreek.com

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Haider Ajaz


Correction of Mistakes Judgement Decree Inherent Power of Court CPC

The Courts are being vested with many vast powers for the better and fair exercise of judicial powers in dealing with cases. Certain Sections in the Code of Civil Procedure(hereinafter referred as CPC) specifically deals with such inherent powers of the Court. Any party can at their instance pray to the Court to exercise these powers or the Court can by its own motion exercise theser powers. One of such power is the power to correct errors in Judgement, orders etc.
Sections 152, 153 and 153A of the CPC deals with power of correction of errors by the Court. A suit moves through different phases viz, the trial, hearing, adjudication or judgement, decree, appeal etc. The inherent power of the Court under the above sections is so vast that the Court can exercise these powers at any stage of the suit.
If any clerical or arithmetical mistake occurs or any error arises due to any accidental slip or omission in any judgement, decree or order, it can be corrected by the same Court either at its own motion or on application by the party in that behalf at any time.[See Section 152]
If the Court or any party sees any defect or error in any proceeding in a suit, then the Court may amend any such defect or error at any time. It shall make all necessary amendments for the purpose of determining the real question or issue raised by or depending such proceeding.[See Section 153]
It has been laid down by many Courts that a petition to amend the decree is maintainable even after confirmation of the decree by the Appellate Court. There is no time limit for this. It may be noted that these rights does not in any way empower the Court to have a second thought over the matter and find a better order or decree.

--
An Article from:-
Sense of Law

Haider Ajaz

Friday, November 26, 2010

Budget Outlay for Judiciary

Government has provided an amount of Rs.1470 crore for the Eleventh Five Year Plan period for augmenting the resources of the State Governments with a view to facilitating development and modernisation of judicial infrastructure and improving access to justice. An amount of around Rs.634 crore has so far been utilised out of the above allocation.



Budgetary requirements for further augmenting the resources of the State Governments for improvement in justice delivery system have been estimated and projected for enhancing the allocation which will be utilised inter alia for development of infrastructural facilities for the judiciary, setting up of Gram Nyayalayas, cimputerisation of District and Subordinate Courts in the country and for upgradation of ICT infrastructure of the Supreme Court and the High Courts.


Government has also accepted the recommendations of the Thirteenth Finance Commission to provide a grant of Rs.5000 crore to the States for improving the justice delivery system in the country. First instalment ofRs.500 crore has already been released to the States with the help of these grants, the States can, inter-alia, set up morning/evening/shift /special magistrates’ courts, organise more Lok Adalats and strengthen mediation with a view to reduce court pendencies.


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This information was given by Dr.M.Veerappa Moily, Minister of Law and Justice, in the Lok Sabha in a written reply.


Haider Ajaz

Thursday, November 25, 2010

Kalaam by a Child on Eid-E-Gadeer

Eid Ghadeer Mahfil By Bilal Kazmi sb

Wednesday, November 24, 2010

Eid al-Ghadeer-From Wikipedia, the free encyclopedia

For more details on Eid al-Ghadeer, see Hadith of Ghadeer Khumm

Eid al-Ghadeer is a festival observed by Shia Muslims on the 18th of Dhu al-Hijjah in the Islamic calendar to commemorate the appointment of Ali ibn Abi Talib by the Islamic prophet Muhammad as his immediate successor. It marks the anniversary of Muhammad's sermon, described in Hadith of the pond of Khumm, in which he stated, Whomsoever's master (mawla) I am, this Ali is also his master. O' God, love those who love him, and be hostile to those who are hostile to him. [1][2][3]

Ismaili/Mustaali/Taiyabi/ Fatimid/Dawoodi Bohra also celebrate the day, and there is tradition of taking mass oath on the day to reassert commitment to Islam, in the same manner as their individual adult take oath on reaching adulthood. This they believe to be continued from the period of their Fatimid Imam.

Sunni Muslims do not deny that a last sermon took place, but do not celebrate the day specifically. On the other hand, Salafi Muslims and those considered by some to be influenced by them such as Deobandis or Ahle Hadith do not celebrate this day as they feel that only Eid ul-Adha and Eid-ul-Fitr are celebratory days.

[edit]Background Context

A few months before his death, Muhammad – living in the city of Medina – made his last religious pilgrimage to Mecca in a trip referred to as The Farewell Pilgrimage. There, atop Mount Arafat, he addressed the Muslim masses in what came to be known as The Farewell Sermon. After completion of the Hajj, or religious pilgrimage, Muhammad turned back towards his home in Medina.

On the trip there, he stopped at the pond of Khumm and praised Ali. The exact meaning of the praise is a matter of much dispute; not only do Sunni and Shi'a Muslims disagree as to, which statements about the pond are authentic, but they also disagree on the interpretation.

The Investiture of Ali at Ghadir Khumm (MS Arab 161, fol. 162r, AD 1309/8 Ilkhanid manuscript illustration)

.

Shi'a Muslims believe that after the pilgrimage, Muhammad ordered the gathering of Muslims at the pond of Khumm and it was there that Muhammad nominated Ali to be his successor.They further believe the wordings of sermon as follows;

"Oh people! Reflect on the Quran and comprehend its verses. Look into its clear verses and do not follow its ambiguous parts, for by Allah, none shall be able to explain to you its warnings and its mysteries, nor shall anyone clarify its interpretation, other than the one that I have grasped his hand, brought up beside myself, [and lifted his arm,] the one about whom I inform you that whomever I am his master (maula), this Ali is his master (maula); and he is Ali Ibn Abi Talib, my brother, the executor of my will (Wasiyyi), whose appointment as your guardian and leader has been sent down to me from Allah, the mighty and the majestic."[4]

This has also been narrated in Sunni sources they claim [5] حسين و من و ﺁنا منل حسين

[edit]References

  1. ^ http://www.al-islam.org/ghadir/incident.htm
  2. ^ Article: Eid Al-Ghadeer
  3. ^ Eid-ul-Ghadeer
  4. ^ The Last Sermon of Muhammad by Shia Accounts http://en.wikisource.org/wiki/ The_Last_Sermon_of_Muhammad_by_Shia_Accounts/
  5. ^ Did the Prophet(s) appoint a successor?


On 18th Zilhijjah of the year 10 A.H. (10 March 632 CE) ,after completing the last pilgrimage ,the Holy Prophet(pbuh) along with around 100,000 Muslims reached a place called 'Ghadir-e-khumm' near Mecca. The following verse was revealed :Quran 5:67] O Messenger! deliver what bas been revealed to you from your Lord; and if you do it not, then you have not delivered His message, and Allah will protect you from the people; surely Allah will not guide the unbelieving people.

On receiving the above verse, the Holy Prophet stopped at that very place & delivered a speech an extract of which is :-[....It seems the time has approached when I shall be called away (by Allah) and I shall answer that call. I am leaving for you two precious things and if you adhere to them both, you will never go astray after me. They are the Book of Allah and my Progeny, that is my Ahlul Bayt. The two shall never separate from each other until they come to me by the Pool (of Paradise)." Then the Holy Prophet (pbuh) in an attempt to remind Muslims of his own authority over them said: " Do I not have more right over the believers than what they have over themselves? " Muslims answered unanimously " Yes, O' Messenger of God ". This served as a stepping stone for the announcement of his hier and vicegerent. The Holy Prophet(pbuh) held out the hand of Ali(as) and said: " For whoever I am his Leader (mawla), 'Ali is his Leader (mawla)." The Holy Prophet then continued to say: " O' God, love those who love him, and be hostile to those who are hostile to him."] ..Click here forComplete Ghadir Sermon(Khutba)

This day is also known as 'Ahad e-Mahood' in the heavens & as 'Meethaq-e-Maakoodh' on the earth


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Haider Ajaz



Tuesday, November 23, 2010

LEGAL SERVICES AUTHORITIES (AMENDMENT) ACT 2002

THE LEGAL SERVICES AUTHORITIES (AMENDMENT) ACT, 2002

ACT NO. 37 OF 2002

[11th June, 2002.]

An Act further to amend the Legal Services Authorities Act, 1987. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

Short title. 1. Short title.-This Act may be called the Legal Services Authorities (Amendment) Act, 2002.

Amendment of section 11A. 2. Amendment of section 11A.-In the Legal Services Authorities Act, 1987 (39 of 1987) (hereinafter referred to as the principal Act), in

section 11A, in sub-section (2), in clause (a), for the words "senior Civil Judge", the words "senior-most Judicial O ficer" shall be substituted.

Amendment of section 22. 3. Amendment of section 22.-In section 22 of the principal Act, for the words "Lok Adalat", wherever they occur, the words "Lok Adalat or Permanent Lok Adalat" shall be substituted.

Insertion of new Chapter VIA. 4. Insertion of new Chapter VIA.-After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:- 'CHAPTER VIA PRE-LITIGATION CONCILIATION AND SETTLEMENT 22A. Definitions.-In this Chapter and for the purposes of sections 22 and 23, unless the context otherwise requires,- (a) "Permanent Lok Adalat" means a Permanent Lok Adalat established

under sub-section (1) of section 22B; (b) "public utility service" means any- (i) transport service for the carriage of passengers or goods by air, road or water; or (ii) postal, telegraph or telephone service; or (iii) supply of power, light or water to the public by any establishment; or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi) insurance service, and includes any service which the Central Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this Chapter.

22B. Establishment of Permanent Lok Adalats.-(1) Notwithstanding anything contained in section 19, the Central Authority or, as the case may be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification.

(2) Every Permanent Lok Adalat established for an area notified under

sub-section (1) shall consist of- (a) a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat; and (b) two other persons having adequate experience in public utility service to be nominated by the Central Government or, as the case may be, the State Government on the recommendation of the Central Authority or, as the case may be, the State Autho ity, appointed by the Central Authority or, as the case may be, the State Authority, establishing such Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other persons referred to in clause (b) shall be such as may e prescribed by the Central Government.

22C. Cognizance of cases by Permanent Lok Adalats.-(1) Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute: Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law: Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees: Provided also that the Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority.

(2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute.

(3) Where an application is made to a Permanent Lok Adalat under

sub-section (1), it- (a) shall direct each party to the application to file before it a written statement, stating therein the facts and nature of dispute under the application, points or issues in such dispute and grounds relied in support of, or in opposition to, such poin s or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such ocument and other evidence, if any, to each of the parties to the application; (b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings; (c) shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party to present reply thereto.

(4) When statement, additional statement and reply, if any, have been

filed under sub-section (3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings between the parties to the application in such manner as it thin s appropriate taking into account the circumstances of the dispute.

(5) The Permanent Lok Adalat shall, during conduct of conciliation

proceedings under sub-section (4), assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner.

(6) It shall be the duty of every party to the application to cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the direction of the Permanent Lok Adalat to produce eviden e and other related documents before it.

(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion that there exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispu e and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the Permanent Lok Adalat shall pass an award in terms thereof and fur ish a copy of the same to each of the parties concerned.

(8) Where the parties fail to reach at an agreement under sub-section

(7), the Permanent Lok Adalat shall, if the dispute does not relate to any offence, decide the dispute. 22D. Procedure of Permanent Lok Adalat.-The Permanent Lok Adalat shall, while conducting conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other prin iples of justice, and shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872).

22E. Award of Permanent Lok Adalat to be final.-(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under the .

(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court.

(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat.

(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.

(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.'.

Amendment of section 23. 5. Amendment of section 23.-In section 23 of the principal Act, for the words "members of the Lok Adalats", the words "members of the Lok Adalats or the persons constituting Permanent Lok Adalats" shall be substituted.

Amendment of section 27. 6. Amendment of section 27.-In section 27 of the principal Act, in

sub-section (2), after clause (l), the following clause shall be inserted, namely:- "(la) the other terms and conditions of appointment of the Chairman

and other persons under sub-section (2) of section 22B;".


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Haider Ajaz

SUBHASH C. JAIN, (Secy. to the Govt. of India.)

CURRENT MOON