The aftermath of the Ayodhya judgment not only redefined the boundaries between history, religion, and legality but also paved the way for a series of challenges against other mosques, including the Gyanvapi Mosque. This article delves into these complex layers, dissecting the impact of court decisions on religious structures and the broader implications for a nation striving to achieve social harmony and sustainable growth.

The Ayodhya judgement: Legitimising illegal actions

The Supreme Court’s Ayodhya judgement was not a mere property dispute as embedded it was an act of religious and political violence: the destruction of the Babri Masjid. By holding in favour of the Hindus, the court ignored the basic principles of restitution that parties must be restored to their original positions, where possible.

The court could have ordered a status quo that prevailed before the demolition and then adjudicated the dispute, but it failed to do so. This (in)action by the court fueled the ‘temple reclamation’ movement and its consequences can still be felt today. The first stage of temple reclamation has become filing cases before the courts. Therefore, this article will look at the role of the courts in controversies of conversion of religious places.

It was expected that the judgment in the Babri Masjid would settle the law, and no new claims and disputes would arise in the future. However, the Vishwa Hindu Parishad has never backed down on its demand for the construction of Hindu temples in Varanasi, Mathura and several others.

Arundhati Roy writes in her book “Azadi- Freedom, Fascism Fiction” that ‘‘the VHP has refused to back down on its past statements that it will turn its attention to other mosques. Theirs can be an endless campaign- after all, everybody came from somewhere, and everything is built over something.’’

The Gyanvapi row

The Supreme Court is already hearing upon the Constitutionality of The Places of Worship [Special Provisions] Act, 1991, which was a law passed during the heat of the Babri Masjid dispute in 1991 that bans the conversion of any place of worship and preserving its character which was during the time of independence of India.

However, the Act, though being challenged before the Supreme Court, still exists and is in force. Yet, a petition was filed by five Hindu women in April 2022 before a Varanasi court claiming their right to worship since they believed there exists a Shivling under the Gyanvapi Mosque, which was constructed by Aurangzeb post destroying the temple. An archaeological survey of the Mosque in May 2022 was ordered, which led to the finding of an object resembling Shivling inside the mosque in the Wazukhana.

Consequently, an order was passed that Namaz would not be allowed in the Mosque; however, the Supreme Court ordered to restore Namaz and preserve the Wazukhana, and the court directed the District Judge, Varanasi to hear the matter.

The petition of those five women was challenged by the Masjid Intazamia on the grounds of its maintainability itself that The Places of Worship Act, 1991 is in force, and such a petition cannot be entertained that seeks to convert any religious place of worship as barred by Section 3 of the Act.

The District Judge [DJ] rejected this argument as he ruled that the law prevents the conversion of the place of worship, whereas, in this petition, the question is about the determination and ascertainment of the character of the place of worship, which is not barred by the Act.

Furthermore, the State of Uttar Pradesh had enacted a legislation, namely, the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983, which defines a temple under Sec. 4[9], and that means the Temple of Adi Vishweshwar, popularly known as Sri Kashi Vishwanath Temple, situated in the City of Varanasi. Hence the Gyanvapi Mosque was held to be a temple as per this law.

While a frenzied mob can demolish the mosque, it would not have been possible to construct the temple without the help of court and state

The Supreme Court will also determine the Constitutionality of the Places of Worship Act, but for the time being, it is still valid; the law and its essence should be followed. The interpretation that the DJ has provided to the Section 3 is enough to open a floodgate of litigation before the courts of law for determining the nature of the place of worship.

Similar trajectory in the Mathura Case

The Shahi Idgah mosque in Mathura is the subject of more than a dozen cases. The first of these cases was filed in the aftermath of the Ayodhya judgement. Based on the Court’s order in the Gyanvapi case, the petitioners requested a similar video survey of the mosque and the local court in Mathura agreed to hear the plea.

As seen from the above cases, the courts seem to be developing a jurisprudence on religious conversions that is not grounded in the laws.

Why are the courts acting in the manner in which they are acting?

A possible reson why courts seem to be sympathetic to the Hindu cause may be that they want to respect the matter of faith of the majority. They may also hold the opinion that even if they rule according to the law, like in the case of judgement in favour of temple entry of women of menstruating age in Sabrimala, ultimately the women had to bow down to the social pressure of tradition and only two women could enter in the middle of the night with government help.

But while a frenzied mob can demolish the mosque on the spur of the moment, it would not have been possible to construct the temple without the help of court and state.

Babri Masjid demolition imported terrorism to India

Babri Masjid demolition was soon followed by what was then called serial bomb blasts in Mumbai in early 1993 and which after the 2001 attack on twin towers in New York began to be called terrorists attacks. India witnessed many terrorist attacks after the Babri Masjid demolition including the most outrageous one in 2008 on Mumbai.

Radicalisation of Islam and Muslim youth was an outcome of Babri Masjid demolition and more such injustices are likely to create more reaction in the Muslim community. This is something that the judiciary must keep in mind when deciding the fate of Islamic historical religious structures.

Conclusion

The Supreme Court in the Babri Masjid Case stated that the non-retrogression principle should be followed as the courts of law will not undo the historical injustices by the previous rulers of the country or its parts thereof. It had stated:

‘‘This court cannot entertain claims that stem from the actions of the Mughal rulers against Hindu places of worship in a court of law today. For any person who seeks solace or recourse against the actions of any number of ancient rulers, the law is not the answer. Our history is replete with actions that have been judged to be morally incorrect and even today are liable to trigger vociferous ideological debate.’’

It is unfortunate that this part of the judgement is ignored by the lower courts which are encouraging litigations such as Gyanvapi and Mathura through favourable orders to the petitioners and thereby encouraging them to file more such cases that browbeat religious interests of the minority communities.

The courts are supposed to be the custodian of the Constitution. If they start giving in to the majority sentiment, the distinction between the judiciary and legislature will be lost. The legislature can still overrule the court like in the case of Shah Bano but the judiciary has to stand its ground.

*Vishnu Bandarupalli and Ayush Bajpai are students of law at NALSAR, Hyderabad; Sandeep Pandey, a Magsaysay award winning social activist-academic, is general secretary, Socialist Party (India)

Courtesy: Counterview

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Lucknow: Amid the row over discovery of a “Shivling” inside the Gyanvapi mosque in Varanasi, a civil court in Mathura has ordered a survey of the Shahi Idgah Masjid and sought a report on the same by January 20, in one of the petitions related to the Shahi Idgah mosque-Shri Krishna Janmabhoomi temple dispute.

Civil Judge (Senior Division) Sonika Verma passed the order earlier this week on a civil suit filed by Hindu Sena president Vishnu Gupta and vice president Surjit Yadav. The suit was filed on December 8 this year, and sought possession of the site at which the mosque stands and the removal of the Shahi Idgah mosque.

The Mathura court has now directed the Court Amin (a term used to refer to a revenue department official) to visit the disputed premises and conduct a survey of the area. The court officers have been asked to submit a report with site plans and maps before the court by January 20, 2023 when the petition will be taken up next.

The Hindu Sena chief’s suit claimed that the mosque was allegedly built on the site where Lord Krishna was purportedly born and sought that the agreement between the Shri Krishna Janmasthan Seva Sangh and the Shahi Idgah Masjid Committee in 1968 be cancelled, calling it illegal.

The argument presented is that the temple trust did not have the power to act against the interest of the people belonging to the faith and against the interest of the deity.

This is one of over a dozen petitions pending in the civil courts of Mathura with regards to the Shahi Idgah-Shri Krishna Janmabhoomi dispute.

The order comes in the backdrop of Varanasi courts deciding on more than occasion that the Hindu plaintiffs’ suit in the Gyanvapi dispute was maintainable.

Both the Gyanvapi mosque and the Shahi Idgah Mosque, fall under the purview of The Places of Worship Act, 1991, but now they are under litigation.

‘Blatant Violation’ of Act

Social activists, academicians and Left leaders NewsClick spoke with claimed that this was totally against the Places of Worship (special provisions Act) 1991.

Roop Rekha Verma, former Lucknow University vice-chancellor, who has been fighting for inequalities of caste, gender and religion on the streets, told NewsClick: “Persons like me, who wish to cherish a composite culture, plurality, peace and love in India are deeply disturbed by court rulings allowing surveys of the premises of mosques and temples in Varanasi and Mathura despite there being a law, the Places of Worship Act, enacted in 1991. This law debars raising controversies over a mosque or temple existing before 1947. The courts have disappointed us by interpreting the law in a very literal sense, damaging its real spirit. This opens up the pandora box of controversies which is dangerous to peace and progress of the country.”

The Mathura dispute involves ownership of 13.37 acres, which the petitioners claim belongs to Lord Shri Krishna Virajman and also challenged the validity of a 1968 compromise agreement between Shri Krishna Janmasthan Seva Sansthan and the Trust Masjid Idgah. 

Communist Party of India (Marxist) leader and former MP, Subhashini Ali, believes the ruling Bharatiya Janata Party (BJP) is “fuelling” communal issues such as the row over the Gyanvapi- Shahi Idgah mosque with an eye on the 2024 Lok Sabha elections. 

“After Babri, these days, it looks like the BJP has taken up the agenda of Varanasi’s Gyanvapi mosque and now Shahi Idgah mosque… the reason they do not have anything to show ahead of 2024 Lok Sabha polls except the mandir-masjid issue. They have confidence that the way they used Ram Janmabhoomi as fodder to come to power, they can retain the same in upcoming elections,” she told NewsClick.

Meanwhile, the counsel for Shahi Masjid Idgah said they would file their objection on January 20 to the district court order on the submission of a survey report of Idgah. He alleged that the petitioners had “misled” the court and attained the order without proving the need and urgency for survey to be undertaken.

“The decision has been taken without issuing notice to us, which will not be accepted at all. We have not been served any summons in the case, thus we have not even appeared in the case and came to know about such an order for a survey of the mosque premises from other sources other than the court procedure,” Ahmed told NewsClick. “The courts have closed for the winter vacation. On opening of the court in the first week of January, we will file our objections against any survey as ordered by court,” he added.

The suit is one of the many pleas demanding the removal of the 17th century Shahi Idgah Masjid from the Katra Keshav Dev temple complex. The “compromise” between Sri Krishna Janmasthan Seva Sansthan and Shahi Masjid Idgah made in 1968 was also challenged in the suit, according to lawyers.

Ramon Magsaysay award recipient and social activist Sandeep Pandey told NewsClick: “It is interesting that people associated with Hindutva ideology who are against redressal of caste discrimination by opposing caste-based reservation want the historical religious wrong undone by looking for signs of a temple in mosque after mosque. It is unfortunate that instead of addressing basic problems faced by common people like illiteracy, poverty, malnourishment, unemployment, inflation, a section of the population supported by the ruling Hindutva ideology wants to dig into unnecessary religious controversies with the objective of communal mobilisation. These regressive forces are taking the country backward and are doing long term harm to the progress of society.”

Some legal experts also believe that the district court’s judgement was not correct.

“When there is a law saying certain things have to be put to an end, its objectives have to be considered,” argued Lucknow-based advocate on record Maruf Hashmi.

“There has been uninterrupted offering of namaz in the Shahi Idgah premises. Anything done contrary to uninterrupted mosque activities amounts to changing the nature of the place of worship,” he told NewsClick.

MATHURA ‘TENSE’

Meanwhile, the communally sensitive Mathura city remains tense days after the Mathura court ordered a Gyanvapi Masjid-like survey of Shahi Idgah mosque. Following the announcement, security has been stepped up. Both Hindu and Muslim communities, especially business and secular minded people, said that the atmosphere of the country should not be spoiled over a temple or a mosque.

Mathura-based political observer Pervez Ahmad told NewsClick, “People from both the communities are upset with the order. They think it will not only be loss-making business for the city after security forces land in the city but also destroy the social fabric of the country further. Locals said that the ruling government is unnecessary digging up this issue to gain political mileage ahead of upcoming elections.”

Several citizens of Mathura have said they are united and have called for keeping calm and protecting the original bonhomie of the city.

Courtesy: Newsclick

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Mathura (UP): An Akhil Bharat Hindu Mahasabha (ABHM) leader was arrested on Tuesday while allegedly going to recite Hanuman Chalisa at the Shahi Masjid Idgah on the Shri Krishna Janmabhoomi complex.

Officials said that seven-eight other leaders of the organisation were also detained in their houses at different police stations of the city.

The Akhil Bharat Hindu Mahasabha had given a call for reciting Hanuman Chalisa inside the Shahi Masjid Idgah to mark the anniversary of the Babri Mosque demolition.

Additional Superintendent of Police (City) Martandey Singh said the police arrested the Akhil Bharat Hindu Mahasabha’s Agra region in-charge Saurabh Sharma, when he was making an attempt to go towards the Idgah mosque on the complex.

He said the Mahasabha’s president Rajshri Chaudhary and treasurer Dinesh Sharma were not among those confined at their homes, and that there was no information from the police about the two.

The Babri mosque in Ayodhya was demolished by ‘Kar Sevaks on December 6, 1992.

Senior Superintendent of Police (SSP) Shailesh Kumar Pandey said that the law-and-order situation would not be allowed to be disturbed. A strict watch is also being kept on social media, he said.

The orders of the Supreme Court would be followed and the implementation of prohibitory orders under Section 144 of the CrPC in letter and spirit would be ensured, he said.

The organisation had given a similar call last year but their plan was scuttled by the district administration.

Courtesy: The Daily Siasat

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A civil suit has been filed before a Mathura court for the removal of the Shahi Idgah that is built adjacent to a Krishna temple locatedin Maujja, in the Bazaar City area of Mathura. The removal of the Idgah has been a long-standing demand of right-wing Hindutva groups, that popularised the slogan “Ayodhya toh jhaanki hai, Kashi-Mathura baaki hai,” in wake of the Babri Masjid demolition.

The plaintiff in the case is Bhagwan Shri Krishna Virajman who is represented by next friend. The plaint states that “this suit is being filed for removal of encroachment and superstructure illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf on land Khewat No.255 (Two Hundred Fifty Five) at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.”  

Explaining the rationale behind the suit, the plaint states “the present suit is being filed by and on behalf of deity Plaintiff Nos.1 (One) and 2 (Two) alongwith devotees to ensure that Dharshan, Pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 (Twenty Five) of the Constitution of India are performed at the actual birth place and at any part of 13.37 (Thirteen Point Thirty Seven) Acers land of Katra Keshav Dev the Sunni Waqf Board, Trust Masjid Idgah and their men, workers, attorneys and every person working under them are restrained from entering into the premises of the property in question and they be directed to remove the construction illegally raised by them without authority of law at the property in question.”

It further says, “The Plaintiffs have right under Article 26 (Twenty Six) of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan, measuring 13.37 (Thirteen Point Thirty Seven) Acers situated within the area of Temple Complex in Katra Keshav Dev, City and District Mathura.”

Communal ammunition aplenty

Taking an unabashedly communal hue the plaint states, “under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or hoodlums. The Privy Council, High Courts and the Hon’ble Supreme Court in catena of decisions have endorsed the above proposition of law.”

It further says that “it is matter of fact and history that Aurangzeb ruled over the country from 31.07.1658 (Thirty One Seven Sixteen Fifty Eight) to 3.03.1707 (Three Three Seventeen Zero Seven) AD and he being staunch follower of Islam had issued orders for demolition of large number of Hindu religious places and temples including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 (Sixteen Sixty Nine- Seventy) AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque.” It then goes on to quote an official order by Aurangzeb himself.

The Defendants

The suit mainly targets the UP Sunni Central Waqf Board and the Committee of Management of Trust Masjid Idgah. It accuses the Wakf Board of permitting the Committee to enter into a “compromise dated 12.10.1968, (Twelve Ten Nineteen Sixty Eight) which was illegal and void for the reason that society Shree Krishna Janmasthan Seva Sangh had no right over the property involved in Civil Suit No.43 (Forty Three) of 1967 (Nineteen Sixty Seven), decided by Ld. Civil Judge, Mathura at it was neither owner nor proprietor of the property involved in the said suit situated at Katra Keshav Dev.” It made further allegations against the Committee itself of “without any authority of law and in utter violation of decree of the Court with the help of some Muslims put super structure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity. The committee of Management of Trust Masjid Idgah entered into illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty Eight) with the Society Shree Krishna Janamasthan Seva Sangh and both have played fraud upon the Court, the plaintiff Deities and devotees with a view to capture and grab the property in question.”

Recent developments

In the months preceding this complaint a Krishna Janmabhoomi Nyas Trust was registered on July 23 that counts among its members 80 ‘saints’ from 114 states. On the night of September 20, 2020, members of the Hindu Army were arrested for giving a call for the Krishna Janmabhoomi movement.

Related:

Hindu Army members arrested for launching ‘Krishna Janmabhoomi’ movement

Are Kashi-Mathura mosques in the crosshairs of hardliners again?

Kashi, Mathura Mosques on Hindutva’s hit list but that’s not all as India inches towards the Rashtra

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