SC Extends Stay on Surveys of Mosques, Matter to be Heard in April

Date:

Team Clarion

NEW DELHI –  Hearing a batch of petition concerning to Places of Worship Act 1991, Chief Justice of India Sanjiv Khanna on Monday extended the stay on the hearing of the cases related to the survey of historical mosques and listed the matter for hearing in April.  

The Supreme Court also instructed that instead of issuing notices on the fresh petitions in the case, they should be filed as intervention applications, said Jamiat Ulama-i-Hindu, which has also filed a petition in the matter, in press statement.

On Monday, five fresh petitions were presented for hearing opposing the law, but the court refused to issue notices on them. Despite requests from the lawyers to accept all the petitions filed till date for hearing, the court stated that everything has a limit, and it is for the court to determine that limit. Therefore, for the petitions on which no notices were issued, the court will not issue notices. However, the court allowed them to file their petitions as intervention applications.

Justice Khanna and Justice Sanjay Kumar held a joint hearing on all petitions filed in support of and against the Protection of Places of Worship Act. Despite the Supreme Court’s directive, the central government did not file its affidavit, which led to frustration among the lawyers representing the petitions opposing the law.

 In response, the Chief Justice stated that the process of filing petitions must first be completed, after which the central government will file a single affidavit addressing all petitions.

 Jamiat’s lawyer, Advocate on Record Ejaz Maqbool (Nodal Counsel), presented a summary of all the petitions filed so far in the case, which was accepted by the Chief Justice.

President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, expressed satisfaction with today’s legal progress, stating that the decision to extend the stay is very significant as it will continue to curb the provocative activities of communal elements. 

He mentioned that this is an extremely sensitive and important case, as maintaining this law is crucial to preserving the unity and brotherhood of the country. He further stated that communal forces have once again shown their aggressive intentions, and the irresponsible decisions made by lower courts in such matters have further worsened the situation.

Maulana Madani  stated that they had accepted the verdict on the Babri Masjid with a heavy heart, hoping that it would end the mosque-temple dispute and foster an atmosphere of peace and brotherhood across the country. However, their belief turned out to be wrong. With the covert support of the authorities, communal forces were once again given the opportunity to regroup, and they, by undermining the supremacy of the Constitution and law, targeted several of our places of worship.

He stated that despite the existence of a clear and strict law for the protection of places of worship, such actions were taken, and the central government remained a silent spectator. In fact, some state governments, by deploying police and administration, deliberately encouraged communal elements. 

“This is a dangerous indication that if, God forbid, this law is repealed, no mosque, cemetery, Eidgah, or Imam Bargah in the country will remain safe. Communal forces will continue to create disputes by claiming there should be a temple at every place. Maulana Madani further said that this worsening situation has deeply concerned all justice-loving citizens across the country, yet those in power remain silent, as if, in their view, this is of no consequence,” he said. 

Jamiat leader said that our last hope is the judiciary. “Through our legal struggle, we have achieved justice in many significant cases, and therefore, we are confident that in this important matter as well, justice will prevail,” he added. 

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