Jai Hind Jai Bharat

Jai Hind Jai Bharat

Sunday, February 27, 2011

SEPARATION AGREEMENT BETWEEN HUSBAND AND WIFE

THIS AGREEMENT made at.......... on this .......... day of ...............2000, between A, son of B, resident of ........... (hereinafter called "the husband") of the ONE PART and Smt. X his wife (hereinafter called "the wife") of the OTHER PART.

WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them; and

AND WHEREAS they want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any reconciliation.

NOW THIS AGREEMENT WITNESSETH THAT:

1. The parties shall live separately and apart from each other and no party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise.

2. The husband shall during the life time of the wife pay to her a sum of Rs............ p.m. for her maintenance and the maintenance of the children. However, if the wife does not lead a chaste life, the husband shall be entitled to stop the payment of maintenance allowance after giving her notice.

3. The wife shall be entitled to the custody and guardianship of the children of the marriage, namely C and D now aged ........ years and .......... years, respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children.

4. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable for the same. The wife indemnify and keep indemnified the husband against all claims, actions and demands on that account and if the husband has to pay any sum on account of the liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount payable to the wife under this agreement.

5. The wife may remove all her wearing apparel, jewelry and other personal effects, etc. belonging to her from the husband's place and retain the said goods as her separate properly.

6. The husband may have the access to the children at every Sunday between 7.00 A.M. to 9.00 P.M. He may have the sole society of the children in the said timings on the said day.

7. Notwithstanding anything contained in this agreement, it is expressly agreed that if at any time hereafter, the parties live together as husband and wife with mutual consent, then in that case, the said sum payable to the wife-under this agreement shall no longer be payable and the agreements hereinabove contained shall become void.

8. This agreement shall be revoked by the death of either the husband or wife.

9. This agreement shall be executed in duplicate. The original shall be retained by the husband and duplicate by the wife.

IN WITNESS WHEREOF, the parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written.

Signed and delivered by the within named husband A.

Signed and delivered by the within named wife Smt. X

WITNESSES;

1.

2.

--

Haider Ajaz


Islam and Homosexuality

The Qur'an and Homosexuality:

There are five references in the Qur'an which have been cited as referring to gay and lesbian behavior. Some obviously deal with effeminate men and "masculine women." The two main references to homosexual behavior are:

"We also sent Lut : He said to his people : "Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds." Qur'an 7:80-81

"What! Of all creatures do ye come unto the males, and leave the wives your Lord created for you? Nay, but ye are forward folk." Qur'an 26:165

Both references relate to gay sexual activities; lesbian practices are not mentioned in the Qur'an.

Lut is referred to as "Lot" in the Hebrew Scriptures. This passage is an apparent reference to the activities at Sodom and Gamorah. It seems to imply that there was no homosexual behavior before it first appeared in Sodom. This is a uniquely Islamic concept; it does not appear in Jewish or Christian beliefs. The passage also links the sin of Sodom (the reason for its destruction) to homosexuality.That linkage is contradicted by other verses in the Hebrew Scriptures.

The Hadith and homosexuality: The Hadith are collections of sayings attributed to Muhammad. Many Hadiths (ahadith) discuss liwat (sexual intercourse between males). Two examples are:

"When a man mounts another man, the throne of God shakes."

"Kill the one that is doing it and also kill the one that it is being done to." (in reference to the active and passive partners in gay sexual intercourse)

There is at least one mention of lesbian behavior mentioned in the Hadith: "Sihaq (lesbian sexual activity) of women is zina (illegitimate sexual intercourse) among them."

Traditionalist orthodox Muslims generally claim that the Hadith literature contains the authentic sayings of Muhammad. Many liberal Muslims doubt their authenticity. The latter might point out that during the times of the first Caliphs, Muslims did not know what to do with individuals guilty of "liwat/lutiyya". No sahabi (companion) of Muhammad could quote a saying or decision of Muhammad relating to this question.

Treatment of homosexuals within Islam:

According to a pamphlet produced by Al-Fatiha, there is a consensus among Islamic scholars that all humans are naturally heterosexual. 5 Homosexuality is seen by scholars to be a sinful and perverted deviation from the norm. All Islamic schools of thought and jurisprudence consider gay acts to be unlawful. They differ in terms of penalty:

The Hanafite school (currently seen mainly in South and Eastern Asia) teaches that no physical punishment is warranted.

The Hanabalites, (widely followed in the Arab world) teach that severe punishment is warranted.

The Sha'fi school of thought (also seen in the Arab world) requires a minimum of 4 adult male witnesses before a person can be found guilty of a homosexual act. Al-Fatiha estimates that 4,000 homosexuals have been executed in Iran since their revolution in 1979. 10 public executions of homosexuals have been performed in Afghanistan by the Taliban army.


The Islamic Society of North America:

Dr. Muzammil Siddiqi of the ISNA said: "Homosexuality is a moral disorder. It is a moral disease, a sin and corruption... No person is born homosexual, just like no one is born a thief, a liar or murderer. People acquire these evil habits due to a lack of proper guidance and education.""

"There are many reasons why it is forbidden in Islam. Homosexuality is dangerous for the health of the individuals and for the society. It is a main cause of one of the most harmful and fatal diseases. It is disgraceful for both men and women. It degrades a person. Islam teaches that men should be men and women should be women. Homosexuality deprives a man of his manhood and a woman of her womanhood. It is the most un-natural way of life. Homosexuality leads to the destruction of family life."

I don't know if many people know about this, but on the Internet, there are some pages about Muslims who are homosexuals. It is one issue to be Muslim and a homosexual, and another to try to justify this choice by Allah's (The Exalted) book, the Quran, and the word's of the Prophet (Allah bless him and grant him peace). InshaAllah, in this post I will be dealing with the later issue. The first point to make clear is that as Muslims, we accept Allah (The Exalted) and His Prophet (Allah bless him and grant him peace) as the authority and final word on what is right and wrong. This is in important point to be grasped. Otherwise, there is little use in discussing the issue. This is exactly where the people who try to justify homosexuality, and other practices and beliefs, from the Quran go wrong. The point of this post is to make clear the position of Islam on homosexuality so that there will be no doubts about it.

Now concerning the evidence, we follow the methodology laid out by the Muslim scholars. In general, that is to see what the Quran says about an issue, then the Hadith, and then the consensus of the scholars, and the analogy can be made. The evidence concerning the unlawfulness of homosexuality is as follows:

SODOMY AND LESBIANISM

In more than one place in the Holy Koran, Allah recounts to us the story of Lot's people, and how He destroyed them for their wicked practice. There is consensus among both Muslims and the followers of all other religions that sodomy is an enormity. It is even viler and uglier than adultery.

Allah Most High says: "Do you approach the males of humanity, leaving the wives that Allah has created for you? But you are a people who transgress" Koran (26:165-66)

(1) The Prophet (saws) said: (1) "Kill the one who sodomizes and the one who lets if be done to him." (Tirmidhi, a sahih (authentic) hadith)

(2) "May Allah curse him who does that Lot's people did." (Ibn Hibban, sahih (authentic))

(3) "Lesbianism by women is adultery between them." (Tabarani, sahih)"

Taken from the Reliance of the Traveller, transltaed by Nuh Ha Mim Keller, p 664-665.

There are a lot more Hadiths on the issue, and the issue of what is to be done with one who commits sodomy or lesbianism. I will not deal with these now in this post. All I wanted to do was to show that the position of Islam on this issue is that it is an enormity (kaba'ir), and therefore, forbidden, (haram). May Allah (The Exalted) protect us.

What is forbidden in Islam- Homosexuality or practicing Homosexuality?

The common concept for Muslim homosexuals is to commit suicide since they can't be punished for being homosexuals in a non-Islamic state, but two wrongs don't make one right. While homosexuality is wrong, it doesn't justify suicide under any conditions or circumstances. Please know that if you ever commit suicide, you would have seriously misunderstood Islam and its spirit. If you were ever involved in sexual homosexual acts in the past, you should truly and sincerely repent to Allah, The Merciful, The Gracious, and pledge to Him never to get involved in any homosexual acts anymore. Please note that there is a difference to actually being involved in a homosexual act -which is a sin - from having sexual feelings that you try to control, that you don't express in public, which is not sinful if you try to control them. If medical or psychological counseling helps, then get it, but know that Allah is The Curer, and the Qur'an is your best companion. Give charity, pray, make dua', and Allah will not leave you alone. You have got to believe in the infinite amount of Mercy Allah provides to His servants, and you should also realize that He forgives, if He wishes, all types of sins, except the sin of disbelieving in Him.

What is sinful in homosexuality is the actual sexual act between the couple of a similar sex. if you transform your desires into a struggle and a challenge to overcome it and not physically commit it, then insha'Allah, you will get the reward for it.

Don't lose hope! Fear Allah (S.W.T), ask Him for help earnestly, never give up, and do something to get rid of even the idea of homosexuality. Try to avoid all of the circumstances that trigger your homosexual feelings: don't get alone with an attractive man, always be in the company of others, don't get involved in deep / personal discussions with any person that you may think will trigger your homosexual feeling. Stay away from any other people who have similar feelings. Don't even think in such an idea of this subject, keep yourself busy in different useful thing, and stay away of anything that remind you of homosexuality. Keep a POSITIVE thinking in your mind and keep saying to yourself that you can do something about it. Don't ever say I can't. Remember with every step you are taking toward getting rid of this habit you are getting help and reward from Allah (S.W.T) and you are annoying the shaytan.

Also for many Homosexual Muslims the concept of getting married is unappealing. Having this feeling should not prevent you from considering to get married in the future. You will discover that marriage is more than simply fulfilling your sexual needs... Your wife will insha'Allah bring you peace, tranquility, joy, security, and many other feelings that every human being needs, irrelevant of their "sexual partners". Also, while Muslims are not allowed to lie, you should keep this feeling to yourself and not share it with her or your parents for many reasons... Be patient and make it a lifelong struggle for yourself... You will see how rewarding it is at the end... Remember, there is in this world many compulsive gamblers, alcoholics, adulterers, thieves, but many of them control it and refrain from doing it... If they aren't Muslims and have the will to do it, you are a Muslim and you have Allah on your side when you seek His Help. There is no way you will fail insha'Allah...


Homosexuality and Islam

Below are some verses in the Quran that speak against homosexuality. Those people who make a god (ilah) of there own lusts are clearly in the wrong. Prophet Lut spoke against this evil practice of his people. Their only reply was: "Bring us the Wrath of God if thou tellest the truth." They soon found out who was telling the truth when Allah destroyed them all. Let it be known right now that there is NO SUCH THING AS A GAY MUSLIM!!! A Muslim is one who submits himself to the will of Allah. Those who practice this evil have submitted themselves to their own desires and have turned their backs on the clear teachings of Islam. These people will use any kind of rationalization to justify their sinful practices. Be not deceived by the smooth tactics of Shaitan. He will try everything to guide us from the wrong way.

If you have these homosexual desires in you seek refuge in Allah and Allah will help you. Allah has revealed the truth. All praise is for Allah!!!

Verses From Qur'an:

026.165-166 "Of all the creatures in the world, will ye approach males, And leave those whom Allah has created for you to be your mates? Nay, ye are a people transgressing (all limits)!"

027.055 Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant!

029.028-29 And (remember) Lut: behold, he said to his people: "Ye do commit lewdness, such as no people in Creation (ever) committed before you. Do ye indeed approach men, and cut off the highway?- and practise wickedness (even) in your councils?" But his people gave no answer but this: they said: "Bring us the Wrath of God if thou tellest the truth."

Hadeeth (saying of prophet Muhammad) regarding homosexuality:

Narrated AbuSa'id al-Khudri: The Prophet (saws) said: A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover. (Abu Dawood)

Narrated AbuHurayrah: The Prophet (saws) said: A man should not lie with another man and a woman should not lie with another woman without covering their private parts except a child or a father. He also mentioned a third thing which I forgot. (Abu Dawood)

Discussion:

Allah condemns homosexuality explicitly in the Qur'an: "Do you approach the males of humanity, leaving the wives Allah has created for you? Nay, You are a people who transgress." (26:165-166) It is the sin of the people of Lut and its Arabic word is lutiyya. Liwat is the word for sodomy, under which heading the topic of homosexuality is found in the books of fiqh. Under shari`a both the (same-sex) sodomizer and sodomized are passible of death. The laws of other religions were similar until not so long ago. The Companions considered it so abhorrent that they subjected the culprits to burning, an extreme punishment not meted out for any other offense. As for lesbianism, the Prophet, blessings and Peace upon him said that it consisted in zina (adultery) and so it is subject to the same ruling as zina, which is death for the married, and lashes for the unmarried. Our relaxed attitude in this day and age is purely a product of the times in which we live, where morals have been completely liquefied so that we no longer know the difference between black and white so to speak. If someone was covered with dirt from head to toes and insists that it is his way of life, we would not keep company with them for one second. What about someone who insists on his transgression when even the shari`a of Jews and Christians explicitly condemn it?


Article - Homosexuality and Islam - An Islamic Perspective

There has been a lot of discussion lately on the issue of Homosexuality. There is a tendency, ever so slight, among some of us to make this behavior acceptable in the name of fairness and tolerance. On the other hand there are those who would suggest summary execution of those engaging in homosexual behavior. This confusing message can be a danger in that it can erode and dilute some of our basic values. Let me preface my suggestions to develop an effective way to address this very sensitive and critical issue, with some background information.

Homosexuality is, of course, not a new behavior. It has existed in practically all cultures and among all people, but usually in fewer numbers and in secrecy, not with an "in your face" attitude as it does in the west now. Unfortunately this is the reality of the times we live in, especially in the western societies, and we need to deal with it. The Homosexual, or the gay as they call themselves, in an attempt to polish their image, constitute a very active and powerful lobby group. They have strong political and social ties and access to the elites of the society, especially in the US, up to and including President Clinton. Even though majority of the people in the US believe that homosexual behavior is wrong, it is intriguing, but never the less remarkable, that the homosexuals have gained public acceptance for their behavior in a very short period of time. This acceptance by the US public is a reflection of people who are committed to their cause and give due thought, time, money and effort to achieve their purpose, though a wrong one. The homosexual's agenda is a very simple one to make their behavior acceptable as NORMAL, and in the process recruit more to their ranks. They have a sophisticated and multifaceted campaign to achieve their goals. These include active participation in social and political issues other than their immediate ones, like feeding the hungry and dealing with human right issues. They promote their agenda through legislation, presenting themselves as victims of prejudice and discrimination, helping to enact the gender discrimination act, legalizing and securing full benefits for same gender marriage, funding research similar to the hypothalamus issue (which shows a genetic propensity to homosexuality), teaching at even kindergarten level that the two-male or the two female can make a family unit which is an acceptable alternative that is even comparable to the traditional MOM and POP family, religious and moral blurring on the stand by establishing gay churches and synagogues, etc. etc. The most effective milestone in the homosexual movement, was probably when in 1976 the American Psychiatric Association (APA) declared that homosexuality was no longer to be considered an illness but was to be regarded merely as an orientation or a sexual variant. The rest, as they say, is history. This made a lot of people very suspicious of the scientific community, who went against known scientific data that the homosexual behavior can be changed. Even though the APA has taken an official stand, this debate continues and many prominent members of APA oppose this stand. Again this has happened and continues to happen even in religious circles, amongst Muslims and others, where experts or priests make pronouncements in favor of those from whom they stand to gain favors at the expense of the masses and against clear moral and/or scientific stands supporting the contrary or opposite views.

The strength of the movement was demonstrated by the outbreak of AIDS. Up to that point in history, there was a standard to deal with ALL communicable diseases. The scientifically developed and tested system that is in place to contain communicable diseases was bypassed with political muscle. As a result, the disease spread very rapidly and affected many innocent lives through blood supply and other preventable methods whose implementation was suppressed politically. AIDS, a communicable disease up to that point that mainly affected the homosexuals, was forced to become a political issue and became the exception to the rule. The innocent were put at risk and their lives made a living hell, some were even lost just for a political gain. The lie that is being promoted is that AIDS is equally rampant amongst the heterosexuals as it is amongst the homosexuals. Statistics contradicts this statement.

The homosexual movement has a strong network of support groups who encourage each other to "come out of the closet", thus advancing and actively promoting this behavior. They thrive on conflict amongst the family and/or community members. They have been known to provide moral, psychological, social, and financial support to any one of their own who is making the transition into their lifestyle or who is "coming out of the closet", so to speak.

They use proven methodologies in changing social acceptability and behavior towards themselves. Like the shows on television, they will introduce the radical issue which will provoke a hue and cry from all quarters the first time out, the second time there is less and in subsequent times the opposition will die out. They then discuss, or frame the issue as it is known, to convince us of their legitimacy and how wrong, narrow minded and bigots all these moralists are. The trick is to say it enough times, and what was once a taboo to even talk about is becoming normal, acceptable, and even desirable to more and more people.

They now have an annually "Gay Pride Parade" in many US cities with full fledged TV coverage. A "Gay Pride Month" has been established in some school districts to remove bigotry and prejudice. Additionally, colleges and universities have a profound impact on the intellectual development of our young people. It is the time in their lives where new and independent thoughts are introduced, incubate, and develop. However, most of these institution are a bedrock of secular extremism and promote all other values except the divine ones. In these circles, it is politically and socially acceptable to talk about, promote and experiment with all behaviors, homosexuality included, but to discuss and further divine values is considered being close minded and narrow. The argument from some of the elites of these institutions is that we need to adhere to the separation of church and state, which has historical merit. In fact, it is obvious to most observers that what is meant is to take God out of the equation and confine Him to the walls of homes, mosques, churches, and synagogues only. We, the yuths and the parents, all need to be aware of these trends so as to enable us to develop an effective way to deal with these issues and inoculate ourselves against harmful behaviors. This is a summary of our study of the homosexual movement that we undertook to try and understand various movements, religious and those based on other various causes, that have succeeded to transform themselves from being the abhorred or persecuted groups to becoming key players in the American society. Homosexual movement is one of them, the others are the Irish Catholics, the Quakers, etc. The reason for providing the background information here is to first to come to grips with the sophisticated nature of the problem, and know who we and our youths are dealing with. The second is to enable us to formulate an effective response to it.

discussion here of homosexuality is a reflection of the success of their movement to force us to address this as an issue, even though we would rather not. We do not know how many can claim, with any degree of certainty, the pervasiveness of this behavior amongst our community members. We are for sure affected by the society in which we live, however I think on this score, we as a community, have not yet been too adversely affected. In our studies of the youths of Toronto, which was subsequently published in a book entitled "Muslim Youths at the Crossroads, Advancing into the 21st Century", we did not see this as a major problem. This does not mean that it has not developed into a problem now, or that we do not need to address this as an issue now. I believe that any discussion needs to take into consideration the following:

We as Muslims need to state unequivocally and unambiguously that homosexuality is a deviant behavior and that there is not even an iota of doubt that Islam condemns the behavior.

* The most important thing for us as Muslims is that Islam is not our ethnicity, it is our religion which regulates our lives and from which we derive our values.

* Even though our religion allows us latitude, more than most, to ponder and reconsider some issues, homosexuality is clearly and explicitly condemned by the Quran (7:80-83, 11:77-79), the Prophet, and his progeny.

* When we have a conflict with the Quran, which is the word of God verbatim, we do not ask where the Quran went wrong but rather why are we, limited beings, in conflict with the wisdom of the absolute, God Almighty.

* As Muslims we do not make up our religion, but we receive it and we obey it.

* Thus stated, we need to clarify, that it does not mean that we hate the homosexual person but rather that we find the behavior abhorable. We want to help with sensitivity and care whoever has these tendencies, or practices such behavior. We can further point out the following:

God has created everything in pairs each endowed with physical and psychological characteristics to complement and complete one another. The Quran (4:1) indicates that human beings have been created from one living entity (nafs), which represents the origin of both the male and the female. The human species though has included male and female since its existence. The "mating" or "spousing" of male and female sexes is original in human nature and out of this instinctive relationship the human race develops, continues and spreads.

Between the two sexes a gravitating combination of love, tenderness, and care is engendered, so that each finds in the other completeness, tranquility, and support (Quran 30:21). Having children and loving them represents another fulfillment of the human nature (Quran 42:49-50). It is through this spousal complementation and completion, according to the Quran (7:189), that each spouse achieves comfort, and enjoys peace of mind, satisfaction, and fulfillment. These relationships extend beyond the physical sexual contact and to psychological, spiritual relations.

The blessings of this completeness are not ended by their accomplishment, but they continue and develop through bringing forth children, raising them, and providing the whole family with material, emotional, and moral needs.

The pleasures of completion and procreation may well be extended and multiplied, when one is granted grand children, who not only represent genealogical continuation, but are also a dynamic revitalization of the human race.

Such physical-psychological-spiritual development through spousing and mating, followed by procreation, that may continue for more than one generation, ought to lead every sensible human being to be grateful to God for His successive and multiplying favors with his own family throughout his lifetime. Such persons and their happy veritable families would be models for the whole society (Quran 25:72).

* One of the criteria or litmus test of a behavior that is beneficial to humanity at large is, "what if the action that you are promoting is exercised by a majority of the people of the world? Will it advance humanity or will it retard it?" In this case human beings will cease to exist.

* If there is any truth to the claim that the male homosexual behavior could be genetic, how about the bisexuals and the lesbians. They for sure are making a choice and by our standards a wrong one too.

* The debate and the argument advanced by the homosexuals is "Be what you are," and "do not be ashamed of it". Many unsuspecting youths then start to experiment, to "discover" what they really are. They are in fact being unwittingly, and in their most suggestible period of growth, led astray with the power of suggestion and a convoluted logic. Whoever we are, whatever one might be, it is ennobling to always try to do what is right.

* Even if there is a genetic propensity towards homosexuality, it is the nobility of the human spirit that can overcome it. There are suggestions that alcoholics are genetically pre-disposed to their behavior. Furthermore, some people are inherently prone to take risks, which is an essential element for human progress and development. This pre-disposition to risk taking behavior can easily lead to the destructive behavior of gambling. We do not encourage the people with a propensity to alcoholism or gambling to keep on indulging in these vices, but rather encourage them to resist and overcome them We should do the same with homosexual feelings and tendencies. Whether one has the orientation or harbors "homosexual genes," one's feelings and desires cannot dictate behavior. One may have a strong urge to have a homosexual contact, a heterosexual contact with one other than one's own spouse, or to steal or kill. The nobility of the human spirit is to resist, and this is what elevates the human being to the status above that of the angels.

* There is a period during our growth process where we are most comfortable with and try to bond with persons of the same gender. Some carry this behavior to an extreme and experiment with homosexuality. Some Psychiatrists still believe that those who continue with the homosexual behavior are really arrested in their development process. They avoid or are afraid to continue with the normal psychological growth. This condition is treatable by psychotherapy.

The reality of the society requires that we argue our positions, and deal with issues, as they prevail using some of the existing societal rationale. Though the thinking may fall short of our ideal, it can be an effective start in changing and moving the debate closer to our view point and values. The following two points are made with this thought in mind.

* As Muslims, we identify and instinctly come to the defense of any individuals or groups who are discriminated against. This reaction is due to our foundational value and commitment to justice, and also from our own contemporary experiences, as individuals and as members of a group, who have suffered from discrimination and vilification.

While we abhor acts of discrimination against individuals or groups, we also place a high value on discretion. The individual's right of choice is a fundamental value and necessary condition for each individual to be accountable to God for his/her own actions. God's guidance secures the balance between the individual's and societal rights. No one has a right to spy into the private lives and affairs of individuals. Even when these private affairs should incidentally be known, the admonition is to keep them private and protect those involved.

However, when one openly declares one's sexual orientation, a private matter, and then demands special consideration because of it, we find this an affront to the society's well being. There are already safeguards and protections under the law against discrimination that includes heterosexuals and homosexuals. To demand further special rights and consideration based on how or who we have sex with, and claim it to be a civil rights issue, is ludicrous. To compare with and demand special protection as those who have been persecuted for their national origin, race, color, or creed and religious beliefs is baseless and has no historical or social justification or parallels. We will then have to accede similar special demands for protection and single out groups varying from those who want to have heterosexual relations to those who are left handed, when they are all currently protected under existing laws. We are committed to uphold the family unit and its values, and protection of it as a durable, proven, most important and socially viable nucleus of any society. There is a continual struggle and effort to maintain the balance between an individual's right and society's well being. We place a higher value on the society's well being than an individual's right to actively promote counter values that will ultimately damage the society at large. We therefore have a right to resist and ensure the protection of our values against such an onslaught. This resistance should never be an aggression against any individual or groups, but a firm and principled stand against the counter values being promoted, while promoting our values in a kinder and gentler fashion with conviction. We have, indeed, a duty to promote divine wisdom and values that will advance humanity and that have withstood the test of time.

* Homosexuality is an issue that concerns most main stream Christians and Jews and we all share a common value. It can provide an opportunity to work together for the common good of the society at large.

We, as Muslims, have benefit and blessings of divine guidance and wisdom. The Quran reminds us that Allah (SWT) will change the condition of the people only if they themselves put forth the effort (13:11). If the homosexuals can promote their wrong values with vigor and succeed, we have a duty and a responsibility to not only make an effort to arrest this trend, but also to invest our time, energy, and resources to promote the divine values with as much zeal.

Our challenge is to explore and find ways to resist and counter this movement amongst our own families, immediate community, the Muslim Ummah, and the whole of humanity. This is our destiny and the challenge of the times we live in. Action more than rhetoric will make us worthy of Allah's (SWT) help and mercy and will endear us to Him. The question is what are you, and in turn all of us collectively, going to do to promote our values, and counter this threat?


What is Islam's view of homosexuality?

There is no doubt that in Islam homosexuality is considered 'sinful'. Homosexuality as far as Islam is concerned is a profound mistake ( as are all sins if they are not intending to do wrong). Humans are not homosexuals by nature. People become homosexuals because of their environments. Particularly critical is the environment during puberty. Suggestions, ideas & strange dreams are symptoms of confused attempts to understand new and blunt sexual desires and are rashly interpreted as defining someone as being one sexuality or another. If these conclusions are accompanied by actual homosexual acts they are even more strongly reinforced.

Human instincts can be subjected to acts of will. Sexuality is a choice of identity which follows choices of action which follow from choices of what to have sexual fantasies about. Human beings are especially able to control their thoughts, entertaining some and dismissing others.

However, if this free will is not recognised it is easy to get into a cycle of thinking which starts from accepting a hypothesis about yourself as true rather than as a possible choice (even if the options are sometimes difficult).For example: "I am lazy " could be supposed true by someone. When the person who thinks this lies around in bed in the morning he observes this inaction as evidence of the statement "I am lazy." As he repeatedly chooses to do so the evidence mounts and the idea becomes fixed in his identity. It may even have physical manifestations and change his physiology and psychology. This process can easily occur for any idea good or bad about the self which is based largely on evidence resulting from ones own action. The idea may be "I am 'gay'" or "I am content" or "I love eating lots of food". The truth is - you are what you choose to be ; you do what you choose to do ; you think what you choose to think. There may be long time delays between the causing choices and the effects but anyone can change themselves. There are reformed ex-drug addicts, reformed ex-compulsive gamblers and ex-homosexuals. In all these sins prevention is 1000 times better than cure and much easier.

It has been suggested that homosexuality is genetically inherited and that those who have this 'predisposition' are victims of it not sinners of any sort. However, there are other things which are probably genetically influenced to give predispositions to for example gambling or alcoholism .It could also be argued (and has been) that it is programmed into men's genetics for them to be unfaithful to their partner. All these things don't make it the right thing to do, nor does it prevent these things from being regarded as sinful. Drinking alcohol will still be regarded as sinful in Islam even if you have a predisposition to be an alcoholic. The trick as every post alcoholic will tell you is never touch another drop after you quit - it is a long slippery slope - your life is better without it. Once a certain desire is connected to your identity strongly and you get in some way hooked on it, it will always be easy to return to it - you are unable to forget the satisfaction. The difficult task is remembering the bad side of the desire, such as hangovers, lost money, self loathing or a simply sense of loss because of what you missed out on. But if you are to change for the better, you must remember this and the past desires you bound up with your identity can become disconnected from what you choose to become.

What does Islam say about homosexuality?

Taken from the book titled 'Common Questions People Ask About Islam' by Shabir Ally.

Islam teaches that homosexual acts are sinful and punishable by God. This teaching comes not from human beings, but from the Creator of all humans. God tells us in His own words how He punished the people of Lot for their homosexual behaviour.

The story of prophet Lot, on whom be peace, finds mention in several Qur'anic passages, especially Chapter 26:160-175 which reads: "The people of Lut rejected the apostles. Behold, their brother Lut said to them: "Will ye not fear (God)? "I am to you an apostle worthy of all trust. "So fear God and obey me. "No reward do I ask of you for it: my reward is only from the lord of the Worlds. "Of all the creatures in the world, will ye approach males, "And leave those whom God has created for you to be your mates? Nay, ye are a people transgressing (all limits)!" They said: "If thou desist not, O Lut! thou wilt assuredly be cast out!" He said: "I do detest your doings." "O my Lord! deliver me and my family from such things as they do!" So We delivered him and his family,- all Except an old woman who lingered behind. But the rest We destroyed utterly. We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)! Verily in this is a Sign: but most of them do not believe. And verily thy Lord is He, the Exalted in Might Most Merciful."

From these passages we learn that God saved Lot and the righteous ones of his family, and rained on the rest a shower of brimstone, so they were utterly destroyed. This is mentioned in the Qur'an not only for the sake of information, but mainly to serve as a warning to anyone who dares to repeat such acts.


--

Haider Ajaz


Rail Budget 2011

Railway Budget 2011- 2012 was presented on 25th February 2011 by Hon'ble Railways Minister Ms. Mamta Bannerjee.

Salient features of the Rail Budget are as follows:

  • Earnings for 2010-11 set to exceed Rs.1 lakh crore.
  • Working expenditure during 2011-12 estimated at Rs.87,000 crore.
  • Outlay of Rs.57,630 crore for 2011-12, the highest investment in one year.
  • Rs.10,000 crore to be raised through railway bonds.
  • No increase in fares.
  • Decided to set-up rail-based industries.
  • Passing through a difficult phase; 97 percent increase in expenditure in 2010-11 due to implementation of Sixth Pay Commission report.
  • Loss of Rs.3,500 crore in 2010-11.
  • Ten-year backlog of 1.75 lakh jobs being addressed; 16,000 ex-servicemen to be given jobs in railways.
  • Safety first priority; accident rate has come down.
  • Anti-collision device, successful in North West Frontier Railway, to be extended to three more zonal railways.
  • Will add 180 km of rail lines in 2011-12.
  • All-India security helpline set up.
  • New Durantos to be run on Allahabad-Mumbai, Pune-Ahmedabad, Sealdah-Puri, Secunderabad-Visakhapatnam, Madurai-Chennai routes, among others.
  • Rail linkage to Gujarat from Delhi-Mumbai freight corridor.
  • Integrated suburban network to be set up in Mumbai, Chennai, Ahmedabad and other cities; suburban system of Hyderabad to be strengthened.
  • Mumbai suburban system's EMU coaches to be increased from nine to 12.
  • Pradhan Mantri Rail Vikas Yojna to be launched.
  • Industrial park to be set up in Nandigram, West Bengal.
  • Railways to set up factory in Jammu and Kashmir.
  • To set up Metro coach factory at Singur, West Bengal.
  • First coach from Rae Bareli factory to roll out in next three months.
  • Work on wagon factory in Orissa to begin after land is acquired.
  • Manipur capital Imphal to be soon connected to railway network.
  • Centre for excellence in software to be set up at Darjeeling.
  • Work on upgrading 442 stations to be completed by March 31.
  • Decision to start pilot projects to give shelter to homeless people living along the tracks in Mumbai.
  • Multi-purpose smart card to be introduced for all-India travel.
  • Airport-like trolleys to be provided at more stations.
  • Upgraded class of air conditioned travel to be introduced shortly.
  • Train to run to Bangladesh to showcase Indian culture.
  • Age for senior citizen's concession reduced to 58 from 60.
  • Concession for physically handicapped and gallantry award winners for travel in Rajdhani and Shatabdi expresses.
  • 50 percent concession for mediapersons with families to be increased from once to twice a year.
--
Received with Thanks from

Haider Ajaz

Saturday, February 26, 2011

Translation of Ziyarat-e-Ashura in English is


Peace be on you, O Aba Abdullah! peace be on you, O son of the Messenger of Allah!
peace be on you, O son of the commander of the faithfuls, the forebear of the successors!
Peace be on you, O son of Faatimah, the choicest among the women of the worlds!
Peace be on you, who was martyred while fighting heroically in the cause of Allah, the son of Allah's fearless warrior, you were isolated and had been attacked with a vengeance!
Peace be on you and on those souls who had gathered in your camp, in your journey. I pray and invoke Allah to keep all of you tranquil and restful, for ever; so far I am alive, this is my prayer, and till nights and days follow each other.
O Abaa Abdu I lah ! unbearable is the sorrow, nerve-racking is the agony, youput up with, for us and for all the (true) Muslims,
crimes committed against you also shocked and unnerved the dwellers of the heavens, one and all.
May Allah condemn and damn the people who laid the basis and set up the groundwork, to wander astray and turn aside from not only you and your family but to take liberties and bear hard upon you.
May Allah condemn and damn the people who tried to obscure and deny your office and status, wilfully neglected your rank and class Allah had made known in clear terms.
May Allah condemn and damn the people who killed you. May Allah condemn and damn the abettors who instigated and had a part in your murder.
I turn to you and Allah, away from them, their henchmen, their followers and their friends,
O Abaa Abdullah, I make peace with those who make their peace with you, I make war on those who go to war against you, till the Day of Judgement.
May Allah condemn and damn the family of Ziyaad and the family of Marwaan; may Allah condemn and damn the group and the tribe of Umiyyah, one and all, altogether;may Allah condemn and damn ibna Marjaanah;
may Allah condemn and damn Umar bin Saad; may Allah condemn and damn Shimr;
may Allah condemn and damn the people who celebrate, enjoy, sing and dance on the day of your martyrdom. My father and mother are at your disposal.
Profound is my sorrow for you. I beg Allah, who honoured you above others, to be generous towards me on account of you,
and give me the opportunity to be with the victorious Imaam, the descendant of Muhammad (blessings and peace be on him and on his children from Allah) at the time of the final and decisive war against Allah's enemies.
O my Allah make me attend to Thy cause, sincerely, in every respect following in Husayn's footsteps, in this world and the hereafter.
O Abaa Abdullah, I come nearer and seek greater intimacy with Allah, with His Messenger, with Ameerul Moomineen,
with Faatimah, with Has-an and with you, with the help of your love
and patronage, cutting off every connection with those who took up arms against you and killed you. I disconnect all links with those who, in the beginning, took the first steps to take liberties with and bear hard upon you,
I take refuge with Allah and His Messenger free from the guilt of associating with those who laid the foundation for (your suffering), devised and carried out their corrupt plan of action,
boldly gave currency to reign of terror and cruelty to oppress you and your friends and followers; detach myself from them and present myself to Allah and to you,
I (first) seek greater intimacy with Allah and then with you to win your love and patronage, and to make friends with your friends,
cut off all links with your enemies, and with those who planted the seeds of hostility against you, and reject and discard their associates, their followers and their friends.
I make peace with those who made their peace with you, I search out and confront those who waged war against you, I make friends with those who stood by you, I strive against those who came in conflict with you,
therefore, I make a request to Allah to acquaint (me) with the awareness that perceives you and your friends, to set me free from the corrupting influence of your enemies,
to make me keep company with you it, this world and in the Hereafter, stand firm beside you and follow your footsteps closely in this world and in the next world.
I beseech Him that He helps me to reach your highly praised station, given to you by Allah, (to meet you),
that He provides me the opportunity to fight for justice and fairplay alongwith and under the leadership of the rightly guided guide (in your progeny) who surely will come and speak the truth.
I beseech Allah in the name of your right and the purpose He assigned to you, that He overwhelms me with grief in memory of your sorrows, more than the personal grief that torments any one who is in great agony,
sorrows which have no parallel and overshadow all calamities that took place in the history of Islam, for that matter, through out the whole universe.
O my Allah, in my on the spot situation, treat me like him (or her) who obtains from Thee (Thy) blessings, mercy and forgiveness.
O my Allah, bring me to life again, after death, in the place Muhammad and his "Aal" (children) are dwelling, and make me depart from this world like Muhammad and his "Aal" (children) had left,
O my Allah this day is a day of rejoicing for the "Bani Umayyah",
the herd of hardened criminals, the eternally damned and accursed group, a fact that had been made public by Thee and by Thy Prophet (blessings of Allah be on him and on his children),
who, in every place and at all occasions, drew attention of people to this truism.
O my Allah condemn and damn Abu Sufyaan, Mu-a'awiyah bin Abu Sufyan, Yazid bin Muwa'awiyah and let it be an everlasting curse upon therr from Thee.
Today the descendants of Ziyaad and Marwan make merry, laugh and dance because on this day they killed Husayn (blessings of Allah be on him).
O my Allah, therefore, double up the curse Thou brings upon them and also the punishment Thou decrees for them.
O my Allah, I seek nearness to Thee today in this frame of mind, cutting off all links with them for the _rest of my life,
denouncing them because of my love for Thy Prophet and his children, peace be on him and them.
O my Allah condemn and damn the first tyrant who unjustly and wrongfully usurped that which rightly belonged to Muhammad and the children of Muhammad, and bring curse upon those who, after him, followed in his footsteps.
O my Allah condemn and damn those conspirators who vexed and harassed Husayn, showed eagerness, agreed mutually, and joined hands to kill him. O my Allah bring curse upon all of them.
Peace be on you, O Abaa Abdullah, and on those souls who came to your camp to put themselves at your disposal.
So far I am alive and the days and nights follow each other I invoke Allah to send blessings on you for ever and ever.
May Allah not make my this pledge of close association, physical as well as spiritual, with you the last fulfilment.
Peace be on Husayn, and on Ali son of Husayn, and on the children of Husayn, and on the friends of Husayn.
O my Allah, let the curse I call down on the head of the first tyrant stick like a leech; and stay put for ever on the first, then the second, the third and the fourth.
O my Allah damn and call down evil on the fifth, Yazid son of Mua'awyah, and bring a curse upon Ubaydullah bin Ziyaad, ibna Marjanah,
Umar bin Saad, and Shimr, and on the descendants of Abu Sufyaan, on the descendants of Ziyaad, on the descendants of Marwaan, till the Day of Judgement.
O my Allah! (All) praise is for Thee (alone); praise of the "Ever-thankful to Thee", who glorify Thee whatever come to pass. (All) praise is for Allah for my deepfelt intense grief.
O my Allah make available for me the recommendations of Husayn on the day I present myself before Thee,
let me stand firm in safety before Thee on account of my sincere attachment with Husayn, alongwith him and his comrades, who sacrificed everything they had (heart, mind, soul and life) for Husayn, peace be on him.

--
Haider Ajaz


Fuljit Kaur vs State of Punjab and others

SUPREME COURT OF INDIA
Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr. Justice Swatanter Kumar [Vacation Bench]
Fuljit Kaur Petitioner/Appellant
versus
State of Punjab and others.................................... Respondents

Case No: Civil Appeal No. 5292 of 2004
Date of Decision(mm/dd/yy): 6/3/2010
Appearing Advocate(s): For the Petitioner/Appellant : Sanjay Sarin and Ashok Mathur, Advocates For the Respondents : Mrs. Rachana Joshi Issar and Shailendra Kumar, Advocates

Our Citation: 2010 SCCL.COM 344

Subject Index

A) Allotment of residential plot — the Administration issued the allotment letter in favour of the appellant within 48 hours of submission of application making it clear that as the proper calculation could not be made and tentative price had not been determined, the allottee has to deposit provisional price of Rs. 93000/-. Subsequently additional demand of Rs. 2,19,000/- was made, however, instead of depositing the said amount, appellant challenged the said Demand Notice contending that the additional demand was arbitrary and unreasonable. However, the said writ petition been dismissed by the High Court — appeal — the High Court considered all statutory provisions and calculations made by the respondents as under what circumstances the "tentative- price" had been fixed and concluded that the demand was justified — nothing produced on record to show that the tentative price determined by the State could be unreasonable or arbitrary and it is not the case of the allottee that the market value of the land has not been enhanced while deciding the reference under the Act 1894 — appeal dismissed — no costs. B) Dismissal of Special Leave Petition in limine — whether an order of withdrawal passed by this Court amounts to confirmation/approval of the judgment and order of the High Court — held that an order rejecting the Special Leave Petition at the threshold without detailed reasons does not constitute any declaration of law or a binding precedent.

JUDGMENT / ORDER

JUDGMENT

Dr. B.S. Chauhan, J.:— This is a unique case which reveals that an influential person can have allotment of a residential plot in discretionary quota within 48 hours of submission of application and then assert in Court that she has a right to have a land on a throwaway price and not to deposit the sale price for quarter of a century.

2. This appeal has been preferred against a Judgment and Order dated 21.12.1999 in Writ Petition No. 4763 of 1992 of the High Court of Punjab & Haryana at Chandigarh, dismissing the petition against the Demand Notice of additional price for residential plot.

3. Facts and circumstances giving rise to this case are that the appellant made an application on 23.02.1987 for allotment of a residential plot in Urban Estates, SAS Nagar, Punjab. The Administration, vide letter dated 25.02.1987, issued the allotment letter in favour of the appellant in respect of plot No. 702, measuring 400 sq. yards in Sector 70 Urban Estate SAS Nagar, making it clear that as the proper calculation could not be made and tentative price had not been determined, the allottee has to deposit provisional price of Rs. 93000/- in four installments upto 15.10.1989. Subsequently, vide letter dated 25.03.1992, additional demand of Rs. 2,19,000/- was made, however, instead of depositing the said amount, appellant challenged the said Demand Notice by filing Writ Petition No. 4763 of 1992 before the High Court of Punjab & Haryana contending that the additional demand was arbitrary and unreasonable. A large number of similar cases were also pending before the High Court and some had earlier been disposed of. However, the Writ Petition filed by the appellant has been dismissed by the High Court vide impugned Judgment and Order dated 21.12.1999 upholding the demand dated 25.03.1992. Hence this appeal.

4. Sh. Vijay Hansaria, learned senior counsel appearing for the appellant, has submitted that the High Court committed an error in dismissing the said Writ Petition relying upon the Judgment of this Court in Preeta Singh & Ors. Vs. Haryana Urban Development Authority & Ors. (1996) 8 SCC 756. In D.S. Laungia & Anr. Vs. The State of Punjab & Ors. AIR 1993 Pub.&Har. 54, such unreasonable and arbitrary demand had been quashed by the High Court and the State Government was issued direction to re-determine the amount taking into consideration the provisions of the Punjab Urban Estate (Sale of Sites) Rules, 1965 (hereinafter called as, "the Rules") and provisions of Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter called as, "the Act"). The said Judgment has attained finality as the State had preferred Special Leave Petition against the said Judgment & Order before this Court but later on, it was withdrawn. After re-determining the additional price, no recovery has been made from Sh. D.S. Laungia till date. Therefore, the appeal deserves to be allowed.

5. On the other hand, Ms. Rachna Joshi Issar, learned counsel appearing for the respondent vehemently opposed the appeal contending that the High Court has rightly relied upon the Judgment in Preeta Singh (supra). In D.S. Laungia (supra), the State Government, being aggrieved, had challenged the said Judgment and Order before this Court by filing the Special Leave Petition but it was withdrawn for certain reasons. Therefore, it cannot be held that the Judgment in D.S. Laungia (supra) stood approved by this Court. Calculations had been made strictly in consonance with the Statutory provisions of the Act and the Rules, particularly taking note of Rule 2(aa) and 2(e) of the Rules and it is to be recovered from D.S. Laungia also. The High Court was fully satisfied regarding determination of the additional price and therefore, no fault can be found with impugned Judgment and Order. Hence, the appeal is liable to be dismissed.

6. We have considered the rival submissions made by learned counsel for the parties and perused the record.

7. The questions do arise as to whether such an order of withdrawal passed by this Court amounts to confirmation/approval of the judgment and order of the High Court and as to whether appellant could be treated differently.

8. There is no dispute to the settled proposition of law that dismissal of the Special Leave Petition in limine by this Court does not mean that the reasoning of the judgment of the High Court against which the Special Leave Petition has been filed before this Court stands affirmed or the judgment and order impugned merges with such order of this Court on dismissal of the petition. It simply means that this Court did not consider the case worth examining for the reason, which may be other than merit of the case. Nor such an order of this Court operates as res judicata. An order rejecting the Special Leave Petition at the threshold without detailed reasons therefore does not constitute any declaration of law or a binding precedent. [Vide The Workmen of Cochin Port Trust Vs. The Board of Trustees of the Cochin Port Trust & Anr. AIR 1978 SC 1283; Ahmedabad Manufacturing & Calico Printing Co. Ltd. Vs. The Workmen & Anr. AIR 1981 SC 960; Indian Oil Corporation Ltd. Vs. State of Bihar & Ors. AIR 1986 SC 1780; Supreme Court Employees' Welfare Association Vs. Union of India & Ors. AIR 1990 SC 334; Yogendra Narayan Chowdhury & Ors. Vs. Union of India & Ors. AIR 1996 SC 751; Union of India & Anr. Vs. Sher Singh & Ors. AIR 1997 SC 1796; V.M. Salgaocar & Bros. (P) Ltd. Vs. Commissioner of Income Tax AIR 2000 SC 1623; Saurashtra Oil Mills Assn., Gujrat Vs. State of Gujrat & Anr. AIR 2002 SC 1130; Union of India & Ors. Vs. Jaipal Singh (2004) 1 SCC 121; and Y. Satyanarayan Reddy Vs. Mandal Revenue Officer, Andhra Pradesh (2009) 9 SCC 447].

9. In State of Maharashtra Vs. Digambar AIR 1995 SC 1991, this Court considered a case wherein against the judgment and order of the High Court, special leave petition was not filed but when other matters were disposed of by the High Court in terms of its earlier judgment, the Authorities approached this Court challenging the correctness of the same. It was submitted in that case that if the State Authorities had accepted the earlier judgment and given effect to it, it was not permissible for the Authority to challenge the subsequent judgments/orders passed in terms of the earlier judgment which had attained finality. This Court repealed the contention observing that the circumstances for non-filing the appeals in some other or similar matters or rejection of the SLP against such Judgment in limine by this Court, in some other similar matters by itself, would not preclude the State Authorities to challenge the other orders for the reason that non-filing of such SLP and pursuing them may seriously jeopardize the interest of the State or public interest.

10. In Kunhayammed & Ors. v. State of Kerala & Anr. AIR 2000 SC 2587, this Court reconsidered the issue and some of the above referred judgments and came to the conclusion that dismissal of special leave petition in limine by a non-speaking order may not be a bar for further reconsideration of the case for the reason that this Court might not have been inclined to exercise its discretion under Article 136 of the Constitution. The declaration of law will be governed by Article 141 where the matter has been decided on merit by a speaking judgment as in that case doctrine of merger would come into play. This Court laid down the following principles:-

"(i) Where an appeal or revision is provided against an order passed by a court, tribunal or any other authority before superior forum and such superior forum modifies, reverses or affirms the decision put in issue before it, the decision by the subordinate forum merges in the decision by the superior forum and it is the latter which subsists, remains operative and is capable of enforcement in the eye of law.

(ii) The jurisdiction conferred by Article 136 of the Constitution is divisible into two stages. The first stage is upto the disposal of prayer for special leave to file an appeal. The second stage commences if and when the leave to appeal is granted and the special leave petition is converted into an appeal.

(iii) Doctrine of merger is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid shall be determinative of the applicability of merger. The superior jurisdiction should be capable of reversing, modifying or affirming the order put in issue before it. Under Article 136 of the Constitution the Supreme Court may reverse, modify or affirm the judgment-decree or order appealed against while exercising its appellate jurisdiction and not while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. The doctrine of merger can therefore be applied to the former and not to the latter.

(iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand substituted in place of the order under challenge. All that it means is that the Court was not inclined to exercise its discretion so as to allow the appeal being filed.

(v) If the order refusing leave to appeal is a speaking order, i.e., gives reasons for refusing the grant of leave, then the order has two implications. Firstly, the statement of law contained in the order is a declaration of law by the Supreme Court within the meaning of Article 141 of the Constitution. Secondly, other than the declaration of law, whatever is stated in the order are the findings recorded by the Supreme Court which would bind the parties thereto and also the court, tribunal or authority in any proceedings subsequent thereto by way of judicial discipline, the Supreme Court being the Apex Court of the country. But, this does not amount to saying that the order of the court, tribunal or authority below has stood merged in the order of the Supreme Court rejecting the special leave petition or that the order of the Supreme Court is the only order binding as res judicata in subsequent proceedings between the parties."

11. The Court came to the conclusion that where the matter has been decided by a non-speaking order in limine the party may approach the Court for reconsideration of the case in exceptional circumstances.

12. In view of the above, in the fact-situation of the case in D.S. Laungia (supra), question of application of doctrine of merger did not arise and even by no stretch of imagination it can be held that this Court has approved the judgment in D.S. Laungia (supra), rather a different view is required to be taken in view of the fact that this Court had expressed doubts about the correctness of the impugned Judgment by making the following observations :-

"In the instant matter as also in the matters enumerated in the letter of Mr. G.K. Bansal, Advocate for the petitioners dated January 25, 1994, seeking withdrawal of all these matters, we are constrained to remark that no reasons have been assigned as to why the State of Punjab is submitting to the impugned orders of the High Court which prima facie appear to us to be unsustainable. The direct result of the withdrawal would not only be compounding to an illegality but would otherwise cause tremendous loss to the State exchequer. We, therefore, direct that the reasons which impelled the State to seek withdrawal of these matters be placed before us in the form of an affidavit by the Chief Secretary, Punjab or the Secretary of the Department concerned justifying the step for seeking withdrawal." (Emphasis added)

13. The respondent cannot claim parity with D.S. Laungia (supra) in view of the settled legal proposition that Article 14 of the Constitution of India does not envisages for negative equality. Article 14 is not meant to perpetuate illegality or fraud. Article 14 of the Constitution has a positive concept. Equality is a trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. If an illegality and irregularity has been committed in favour of an individual or a group of individuals or a wrong order has been passed by a Judicial Forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing wrong order. A wrong order/decision in favour of any particular party does not entitle any other party to claim the benefits on the basis of the wrong decision. Even otherwise Art.14 cannot be stretched too far otherwise it would make function of the administration impossible. [vide Coromandel Fertilizers Ltd. Vs. Union of India & Ors. AIR 1984 SC 1772; Panchi Devi Vs. State of Rajasthan & Ors. (2009) 2 SCC 589; and Shanti Sports Club & Anr. Vs. Union of India & Ors. (2009) 15 SCC 705].

14. Thus, even if some other similarly situated persons have been granted some benefit inadvertently or by mistake, such order does not confer any legal right on the petitioner to get the same relief. (Vide Chandigarh Administration & Anr Vs. Jagjit Singh & Anr., AIR 1995 SC 705; Smt Sneh Prabha Vs. State of U.P. & Ors., AIR 1996 SC 540; Jalandhar Improvement Trust Vs. Sampuran Singh, AIR 1999 SC 1347; State of Bihar & Ors. Vs. Kameshwar Prasad Singh & Anr., AIR 2000 SC 2306; Union of India & Ors. Vs. Rakesh Kumar, AIR 2001 SC 1877; Yogesh Kumar & Ors. Vs. Government of NCT Delhi & Ors., AIR 2003 SC 1241; Union of India & Anr. Vs. International Trading Company & Anr., AIR 2003 SC 3983; M/s Anand Button Ltd. Vs. State of Haryana & Ors., AIR 2005 SC 565; K.K. Bhalla Vs. State of M.P. & Ors., AIR 2006 SC 898; and Maharaj Krishan Bhatt & Anr. Vs. State of Jammu & Kashmir & Ors., (2008) 9 SCC 24).

15. In view of the above, the submissions made by Shri Hansaria, Amicus Curiae in this regard are preposterous and not worth consideration.

16. In the instant case, the High Court has taken into consideration all statutory provisions and calculations made by the respondents as under what circumstances the "tentative- price" had been fixed and reached the conclusion that the demand was justified. The Court also rejected the submissions made on behalf of the allottees that judgment in D.S. Laungia (supra) was an authority on the issue.

17. Rules 2(aa), 2(e), 4 and 5 of the Rules which have direct bearing on the questions raised in this appeal read as under:

"2(aa)- `Additional Price' means such sum of money as may be determined by the State Government, in respect of the sale of a site by allotment, having regard to the amount of compensation by which the compensation awarded by the Collector for the land acquired by the State Government of which the site sold forms a part, is enhanced by the Court on a reference made under Section 18 of the Land Acquisition Act, 1894, and the amount of cost incurred by the State Government in respect of such reference.

2(e)- `tentative price' means such sum of money as may be determined by the State Government from time to time, in respect of the sale of a site by allotment, having regard among other matters, to the amount of compensation awarded by the Collector under Land Acquisition Act, 1894 for the land acquired by the State Government of which the site sold forms a part.

4. Sale Price:- In the case of sale of a site by allotment the sale price shall be:

(a) where such site forms part of the land acquired by the State Government under the Land Acquisition Act, 1894; and

(i) no reference under Section 18 thereof is made against the award of the Collector of such reference having been made has failed, the tentative price.

(ii) On a reference made under Section 18 thereof the compensation awarded by the Collector is enhanced by the Court. The aggregate of the tentative price and the additional price;

(b) in any other case, such final price as may be determined by the State Government from time to time.

(2) In case of sale of site by auction the sale price shall be such reserve price as may be recommended by the State Government from time to time or any higher price determined as a result of bidding in an open auction.

5-A: Liability to pay additional price.

(1) In the case of sale of site by allotment the transferee shall be liable to pay to the State Government in addition to the tentative price, the additional price, if any determined in respect thereto under these rules.

(2) The additional price shall be payable by the transferee within a period of thirty days of the date of demand made in this behalf by the Estate Officer.

Provided that the Chief Administrator may in a particular case, and for reasons to be recorded in writing allow the applicant to make payment of the said amount within a further period not exceeding thirty days."

18. A perusal of the above quoted rules shows that the "tentative price" means the price determined by the State Government from time to time in respect of a sale of site by allotment and while doing so, the Government has to take into consideration various factors including the amount paid as compensation.

19. The phrase `additional price' has been defined as the price determined by the State Government having regard to the enhanced compensation payable to the land owners in pursuance of the award passed by the court on a reference made under Section 18 or further appeal under the Act 1894. The sale price is the price payable in respect of an allotment of site. If the site sold by the competent authority forms part of the land acquired by the State Government under the Act 1894 and no reference under Section 18 thereof is made against the award of the Collector or such reference having been made has failed, the sale price is the tentative price as defined in Rule 2(e) of the Rules but if the compensation awarded by the Collector is enhanced by the court on a reference made under Section 18 of the Act 1894, then the sale price means the aggregate of the tentative price and the additional price. If the site allotted by the competent authority does not form part of the land acquired by the State Government under the Act 1894, then the sale price would mean such final price as may be determined by the State Government. However, there is nothing in the scheme of the Act 1964 and the rules from which it can be inferred that tentative price is synonymous with the provisional price, and that a person, to whom the plot has been allotted on provisional price, cannot be asked to pay the tentative price determined by the government. There is a difference between the "provisional price" and the "tentative price" and it may take a long time for the State to determine the tentative price.

20. In the instant case, the calculations had been furnished by the respondents as on what basis tentative price had been determined.

A. Cost of land

1. Cost of land per acre of Sector 70 SAS Nagar Rs.90,000/-

2. Solatium charges @30% Rs.27,000/-

3. Interest charges from the date of Notification

till the date of Award @12% from 1980 to 1984

for 4 Years Rs.43,000/-

4. Interest charges 15% from 1984 to 1990 for 6

years on the cost of land Rs.1,44,180/-

______________

Rs.3,04,380/-

B. Cost of Internal and External Development

1. Water Supply @ Rs.1.35 lacs. Rs.1,35,000/-

2. Sewerage @ Rs.59,000/- Rs. 59,000/-

3. Sterm Water @ Rs.1,32,000/- Rs. 1,32,000/-

4. Roads @ Rs.55,000/- per acre Rs. 55,000/-

5. Bridges & Others @Rs.11,000/-per acre Rs. 11,000/-

6. Horticulture @ Rs.36,000/- per acre Rs. 36,000/-

7. Street lightening @Rs.15,000/-per acre Rs. 15,000/-

8. Electrification @Rs.15,000/-per acre Rs. 15,000/-

9. Conservancy charges @Rs.9,000/-per acre Rs. 9,000/-

10. Utility services @Rs.20,000/-per acre Rs. 20,000/-

11. Maintenance & Re-surfacing of roads

for 5 years @ Rs.63,000/- per acre Rs. 63,000/-

12. Maintenance of Public Health service @

Rs.39,000/- per acre Rs. 39,000/-

13. Maintenance & Re-surfacing of roads Beyond

5 years @Rs.45,000/- per acre Rs. 45,000/-

14. Division of H.T. Line@ Rs.7,000/- per acre Rs. 7,000/-

15. Earth Filling @Rs.10,000/- per acre Rs. 10,000/-

_______________

Rs.6,51,000/-

C. (Establishment charges@14% + 3% on

the cost of land. Rs. 51,745/-

(ii) Interest charges @1% for plotable area(55%) Rs. 2,662/-

(iii) Interest charges for 3 years @10% each

Year on development charges Rs.1,51,200/-

(iv) Unforeseen charges as well as escalation

Charges @10% Rs.1,16,098/-

__________________

Total expenditure per acre Rs.12,77,064/-

Total Expenditure of 306.59 acres of land

Acquired for Sector 70 SAS Nagar Rs.39,15,34,824/-

Saleable area 6,74,233 Sq.yds.

Rate per sq.yd. 39,15,34,824 = Rs.580/-

6,74,233

21. The plots measuring 100 sq.yds. were to be allotted at tentative price calculated at subsidized rate of 10% less than the reserve price while plots measuring 150, 200 and 250 sq.yds. were to be allotted at tentative price equal to the reserve price. The plots 300 and 400 sq.yds. area are to be allotted at tentative price equal to 1-1/2 times of the reserve price and plots measuring 500 sq.yds. were to be allotted at tentative price equal to double the reserve price. Taking the overall position into account, the Government fixed the reserve price at Rs.520/- per sq.yd. for calculating the tentative prices, in the above manner, for plots of various sizes.

22. There is nothing on record to show that the tentative price determined by the State could be unreasonable or arbitrary and it is not the case of the allottee that the market value of the land has not been enhanced while deciding the reference under the Act 1894. While deciding this case, the High Court placed heavy reliance upon the judgment of this Court in Preeta Singh (supra) wherein after taking note of various statutory provisions of Act 1964 and Rules 1965, particularly, Rule 2(aa) and sale price as determined in Rule 4, this Court came to the following conclusion:

"7. A conjoint reading of the above Rules would clearly indicate that the allottee is liable to pay a sale price including the additional price and the cost incurred and also the cost of improvement of the sites. It is to be remembered that the respondent HUDA is only a statutory body for catering to the housing requirement of the persons eligible to claim for allotment. They acquire the land, develop it and construct buildings and allot the buildings or the sites, as the case may be. Under these circumstances, the entire expenditure incurred in connection with the acquisition of the land and development thereon is required to be borne by the allottees when the sites or the buildings sold after the development are offered on the date of the sale in accordance with the regulations and also conditions of sale. It is seen that in the notice dated 9-8-1990, the total area, net area, the payable amount for the gross acreage, the acreage left for the developmental purpose, balance recoverable from the plot-holders, plot-table area have been given for each of the areas and recovery rate also has been mentioned under the said notice. Under these circumstances, there is no ambiguity left in the calculations. If, at all, the appellants had got any doubt, they would have approached the authority and sought for further information. It is not the case that they had sought the information and the same was withheld. Under these circumstances, we do not find any illegality in the action taken by the respondents. The High Court, therefore, was right in refusing to interfere with the order."

23. In Bangalore Development Authority Vs. Syndicate Bank (2007) 6 SCC 711, this Court, while considering a similar issue, laid down large number of principles including the following : -

"Where the plot/flat/house has been allotted at a tentative or provisional price, subject to final determination of price on completion of the project (that is acquisition proceedings and development activities), the development authority will be entitled to revise or increase the price. But where the allotment is at a fixed price, and a higher price or extra payments are illegally or unjustifiably demanded and collected, the allottee will be entitled to refund of such excess with such interest, as may be determined with reference to the facts of the case."

24. In Tamil Nadu Housing Board & Ors. Vs. Sea Shore Apartments Owners' Welfare Association (2008) 3 SCC 21, while deciding the similar issue, this Court held as under :-

"So far as price is concerned, in 1991, when the names of applicants were registered, it was clarified that the price indicated was 'tentative price' and it was subject to 'final price' being fixed by the Board. In any case when the scheme was altered from seven types to fifteen types flats, it was stated that the amount shown was merely tentative selling price. The intending purchasers, therefore, were aware of the fact that the final price was to be fixed by the Board. In fact an agreement to that effect was executed by all prospective allottees wherein they agreed that they would pay the amount which would be finally fixed by the Board................In the circumstances, it cannot be said that the allottees were not aware of the above condition and they were compelled to make payment and thus were treated unfairly or unreasonably by the Board."

25. The instant case is squarely covered by the aforesaid Judgments of this Court and particularly, Preeta Singh (supra) and in view thereof, the appeal is liable to be dismissed.

26. Before parting with the case, it may be pertinent to mention here that the allotment had been made to the appellant within 48 hours of submission of her application though in ordinary cases, it takes about a year. Appellant had further been favoured to pay the aforesaid provisional price of Rs. 93,000/- in four installments in two years, as is evident from the letter dated 8.4.1987. Making the allotment in such a hasty manner itself is arbitrary and unreasonable and is hit by Article 14 of the Constitution. This Court has consistently held that "when a thing is done in a post-haste manner, malafide would be presumed." Anything done in undue haste can also be termed as "arbitrary and cannot be condoned in law." [vide Dr. S.P. Kapoor Vs. State of Himachal Pradesh & Ors. AIR 1981 SC 2181; Madhya Pradesh Hasta Shilpa Vikas Nigam Ltd. Vs. Devendra Kumar Jain & Ors. (1995) 1 SCC 638; Bahadursinh Lakhubhai Gohil Vs. Jagdishbhai M. Kamalia & Ors. AIR 2004 SC 1159; and Zenit Mataplast P. LTd. Vs. State of Maharashtra & Ors. (2009)10 SCC 388].

Thus, such an allotment in favour of the appellant is liable to be declared to have been made in arbitrary and unreasonable manner. However, we are not inclined to take such drastic steps as the appellant has developed the land subsequent to allotment.

27. We further find no force in submission made by Sh. Vijay Hansaria, Sr. Advocate, that in spite of making recalculation in view of the directions issued by the High Court in the case ofD.S. Laungia (supra), State could not make any recovery from Sh. Laungia. This Court, vide order dated 20.05.2010, asked the respondents to explain this aspect and file an affidavit of the Administrator of the Authority. In response thereto, an Affidavit had been filed by the Chief Administrator, Greater Mohali Development Authority, explaining the entire position in respect of the allotment and recovery of dues furnishing all details and according to this Affidavit, the money is being recovered from all defaulters including Shri D.S. Laungia along with interest.

28. In view of the above, we find no force in the appeal, it lacks merit and is, accordingly, dismissed. No order as to costs.

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