By Allowing Mosque Surveys, Chandrachud Did Great Disservice to Country: Lawyer Dave

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‘Why don’t you begin with Red Fort? Why don’t you go to Taj? Why don’t you go to Qutub Minar? Start digging under them,’ former president of the Supreme Court Bar Association said

Team Clarion

NEW DELHI – Justice DY Chandrachud (retired Chief Justice of India) has done a great disservice to the constitution and the country by permitting surveys of mosques, a prominent lawyer and former president of the Supreme Court Bar Association Dushyant Dave has said.

“I think that Justice Chandrachud has done a great disservice to the constitution and this country…I not only mean that but I feel if the Supreme Court is bound by its own judgment, day in and day out this Supreme Court will haul up citizens, bureaucrats and politicians for contempt of its orders. What has Chandrachud done,” asked Dave in an interview with The Wire’s Karan Thapar on Saturday.

He was referring to the violations of The Places of Worship Act,1991 through the surveys of mosques.

“Is he and his colleagues not guilty of defying Supreme Court judgments? Are they not responsible for breaking down the rule of law?” he added.

According to Dave, as per the law of the land upheld by the Supreme Court in its judgment no suit and proceeding is allowed when it comes to the places of worship’s character. “But Justice Chandrachud allowed it. The survey of Gyanvapi allowed by the bench led by Justice Chandrachud was the most shocking defiance of his own judgment. That has opened a Pandora’s box,” he said.

The Supreme Court lawyer also criticised the observations made by Justice Chandrachud in allowing the survey of the Gyanvapi mosque. Justice Chandrachud had said the ascertainment of the religious character of places of worship is not expressly barred. What is barred is the changing character of places of worship.

Reacting to this observation, Dave said “It is unfortunate that he gave that interpretation…if you cannot change the character of a place, what is the point of ascertaining what the character is”.

 One of the country’s foremost lawyers, Dave said Justice Chandrachud was “playing in the hands of somebody.” Later, when specifically asked whether he meant the ruling Bharatiya Janata Party, he replied “No doubt about it.” Dave buttressed his point by alluding to the puja the former chief justice performed in the company of the prime minister and, secondly, by his claim that the Ayodhya judgment was revealed to him by God.

“He is far too intelligent not to realise the letter and spirit of the law. He is far too intelligent to have forgotten what he himself held in the Ram Janmabhoomi judgment case,” said Dave.

At the end of the interview, Dave broke down and started to cry. His voice shook with emotion and his eyes filled with tears. He said: “I have sleepless nights thinking about this (Sambhal violence)”. He says “I am worried about my country … you don’t know how much this is impacting me … and how much it must be affecting those belonging to the minority community … it’s really sad what is happening … I can’t understand why no one in this country wants to stand up and fight this nonsense.”

Dave’s words are a stark reminder there are secular-minded individuals within the Hindu community who stand up for justice and equality, fostering a sense of safety and belonging for minorities. This is particularly significant as it contrasts with the feelings of alienation that some community leaders may inadvertently perpetuate.

Dave’s advocacy for a truly inclusive society reinforces the idea that secularism in the country is not merely a political stance but a shared value that can unite diverse communities. It is voices like Dave’s that inspire hope and confidence among minorities, reminding them they are not alone in their quest for equality and respect in a pluralistic society.

At a time when communal tensions can overshadow the spirit of unity, such statements are vital in reaffirming faith in a secular India, where all communities can coexist peacefully and with dignity.

Dave also lauded the current CJI Sanjiv Khanna for staying the ongoing survey of the Sambhal mosque which caused clashes between the police force and local people. However, the lawyer said that Khanna fell short and should have stopped the proceedings related to the survey of the mosque.

Criticising the people who want to obliterate the Islamic history of this country, Dave said “Why don’t you begin with Red Fort? Why don’t you go to Taj? Why don’t you go to Qutub Minar? Start digging under them. Let’s demolish thousands of monuments which are great heritage of this country. So we now obliterate any sign of Islamic invaders from this country. Where is this going to end”. 

At the end of the interview, Dave broke down and started to cry. His voice shook with emotion and his eyes filled with tears. He said: “I have sleepless nights thinking about this (Sambhal violence)”. He says “I am worried about my country … you don’t know how much this is impacting me … and how much it must be affecting those belonging to the minority community … it’s really sad what is happening … I can’t understand why no one in this country wants to stand up and fight this nonsense.”

Dave’s words are a stark reminder there are secular-minded individuals within the Hindu community who stand up for justice and equality, fostering a sense of safety and belonging for minorities. This is particularly significant as it contrasts with the feelings of alienation that some community leaders may inadvertently perpetuate.

Dave’s advocacy for a truly inclusive society reinforces the idea that secularism in the country is not merely a political stance but a shared value that can unite diverse communities. It is voices like Dave’s that inspire hope and confidence among minorities, reminding them they are not alone in their quest for equality and respect in a pluralistic society.

At a time when communal tensions can overshadow the spirit of unity, such statements are vital in reaffirming faith in a secular India, where all communities can coexist peacefully and with dignity.

Dave also lauded the current CJI Sanjiv Khanna for staying the ongoing survey of the Sambhal mosque which caused clashes between the police force and local people. However, the lawyer said that Khanna fell short and should have stopped the proceedings related to the survey of the mosque.

Criticising the people who want to obliterate the Islamic history of this country, Dave said “Why don’t you begin with Red Fort? Why don’t you go to Taj? Why don’t you go to Qutub Minar? Start digging under them. Let’s demolish thousands of monuments which are great heritage of this country. So we now obliterate any sign of Islamic invaders from this country. Where is this going to end”.

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