‘SC Does Not Deserve to be Called Supreme’: Jamiat Chief Cites Babri, Triple Talaq Verdicts

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Maulana Mahmood Madani has said the current situation of the country is very sensitive and concerning.

NEW DELHI — The country’s judiciary seems to be working under the pressure of the government in power, Jamiat Ulama-i-Hind President Maulana Mahmood Madani has said.

Addressing the National Governing Body meeting of Jamiat Ulama-i-Hind in Bhopal, Madhya Pradesh, on Saturday, the Jamiat chief cited the Supreme Court judgments on the Babri Masjid, triple talaq and several other issues clearly point towards the government pressure on the judiciary and poses serious question on the integrity of the judicial system. “…After the verdict into Babri Masjid, triple talaq and several other matters, it seems that courts are functioning under government’s pressure for a few years now…We have several instances before that have raised questions on the character of courts…Supreme Court is eligible to be called supreme only when it follows the Constitution and when it upholds the law. If it doesn’t do that, it doesn’t deserve to be called ‘Supreme'”, he said.

Dwelling at length on the contentious issue of anti-conversion laws in several states, Maulana Madani said the Constitution of the country provides citizens with Right to Freedom of Religion. “But through the conversion law, this fundamental right is being eroded. This law is being used in a manner in which practising a religion becomes liable to fear and punishment. On the other hand, in the name of ‘Ghar Wapasi’, those converting people into a particular religion have a free hand. They are not questioned, and no legal action is taken against them…” he added.

The Jamiat chief cited the Supreme Court’s August 2017 judgment wherein a five-judge bench of the apex court declared the practice of triple talaq as unconstitutional in the case of Shayara Bano vs Union of India.

On Babri Masjid, a five-judge Constitution Bench of the Supreme Court in 2019 ordered the construction of Ram temple on the ruins of the mosque which was torn down by a marauding crowd in 1992 in complete violation of the democratic and secular norms of the country.

Maulana Madani claimed that attempts to “spread hatred against Islam and Muslims” have intensified. He said the sacred Islamic concept of jihad is being “deliberately distorted” and equated with terrorism. “Terms like love jihad, land jihad, and spit jihad are being coined only to defame Muslims,” he said. “In Islam, jihad means the struggle against injustice and oppression. Whenever oppression exists, there will be jihad,” media reports quoted him as saying.

Muslims across the country were being targeted for their “religious attire, identity, and lifestyle,” he said. “Despite being equal citizens, they (the Muslims) face growing barriers in education, employment, and social mobility,” he said warning that Muslims are being made to feel insecure, citing “bulldozer action, mob lynching, economic boycotts, and hate campaigns” as examples.

BJP Irked

Reacting to Madani’s comments, Bharatiya Janata Party (BJP) lawmaker and national spokesperson Sambit Patra said the Supreme Court never makes any judgement based on religion, and asserted that the apex court take suo motu congnisance of Madani’s remarks.

Earlier, remarks of the chief of other faction of Jamiat Ulama-i-Hind, Maulana Arshad Madani, alleging discrimination against Muslims, triggered a row with the BJP. Referring to his remarks Al Falah University, which is under scanner in the Delhi blast probe, the ruling party said the “aatanki bachao (save terrorist) jamaat” has become active.

Maulana Arshad Madani had claimed that while Zohran Mamdani had been elected the mayor of New York and a Khan could become the mayor of London, Muslims in India cannot even become vice chancellors in universities. “The world thinks that Muslims have been crippled and finished. I don’t believe so. Today, a Muslim, Mamdani, can become the mayor of New York, a Khan (Sadiq Khan) can become mayor of London; whereas in India, no one can even become a university vice-chancellor,” he said.

“And even if someone does, they will be sent to jail, like Azam Khan. Look at what is happening today with Al Falah. He (the founder) is in jail, and no one knows how many years he will be in jail,” Arshad Madani had said.

Madhya Pradesh’s Minister for Cooperation, Sports and Youth Welfare, Vishwas Sarang, slammed the Jamiat chief’s remarks on the Constitution and the Supreme Court. “If someone who breathes India’s air and drinks its water questions Vande Mataram, it is an insult to the Constitutional system,” Sarang said. “Madani has been playing sectarian politics for too long. Disrespecting the Constitution and now attacking the Supreme Court is unfortunate.”

BJP MLA Rameshwar Sharma invoked historical texts like the Babarnama and Akbarnama, arguing that even Mughal rulers recorded temple destruction. “If courts today restore temples, what is wrong in that?” he asked.

Sharma added that if Madani wants Islam not to be defamed, “educate your children to stay away from acts like love jihad and land jihad”.

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