Tag: Places Of Worship Act

‘SC Stay On Religious Places Survey Not A Permanent Solution’

By LokMarg

Atul Pandey, a lawyer practising in the Delhi High Court, says the apex court order on surveys of religious places does not address the trouble brewing underneath. His views:

There is no doubt that the Supreme Court’s decision ASI surveys of several places of worship on lower courts’ orders has brought down the simmering communal tension over such action. However, this order does not address the real problem of distrust and tension brewing between members of different communities. The apex court has merely provided a temporary solution.

The order, issued on December 12, has prohibited: 1) The registration of new suits challenging the ownership or title of any place of worship; 2) The passing of any effective or final orders, including orders for surveys, in pending suits and; 3) The passing of any interim or final orders by any lower court regarding surveys of any place of worship.

Now please note, fresh suits will not be registered, but nothing stops a party from filing such a suit. Media reports have also indicated that 800 such cases are in the process of being of filed. So the honourable court has merely put a lid on the religious disharmony caused by such legal suits but did not provide any lasting resolution.

Another issue is that a blanket ban on such activities will definitely hamper some genuine or important cases that were nearing completion in favour of the claimants in some particular places of worship, where the disputed structures had been forcibly built after dismantling the previous place of worhsip.

ALSO READ: ‘SC Was Right In Applying Brakes On Bulldozer Action’

It is also to be mentioned that the maximum number of cases of surveys or lawsuits of religious places are filed in one state that is Uttar Pradesh. The first name that comes to mind is the Gyanvapi Mosque of Varanasi, where a survey was conducted after a new petition was filed in 2021. After this, on the orders of the court, worship started in the temple present in the basement of the mosque in February 2024.

Similarly, a petition claiming that Shahi Idgah Mosque in Mathura was the birthplace of Lord Krishna was filed in 2020. I would specifically not go into depth and pinpoint the other locations and cases (that are much talked about and discussed on all platforms), but it is true that there is a general feeling of injustice among one community for the historical prejudices at the hands of power that be.

In fact the Places of Worship Act itself has also been challenged in the Supreme Court while many similar cases are going on in the lower courts. In such a situation, in my personal opinion, it should have been regarded whether any orders can be issued or not at all. These petitions should be heard soon as if there is a delay it will impact the social harmony of the country. It is the responsibility of higher courts to take some viable and concrete stand to address such issues once and for all.

As told to Rajat Rai

Advocate in Gyanvapi case

Court Must Settle Gyanvapi Dispute Once And For All

By LokMarg

Sudhir Tripathi, the advocate representing the women plaintiffs in the Gyanvapi Mosque case, responds to the views of Mufti-e-Shahar, Banaras, Maulana Abdul Nomani

Gyanvapi mosque case is a long running dispute. There have been claims and counterclaims about the structure between Hindus and Muslims. However, there is no dispute among historians that it was built on the site where a temple existed. Currently, at the centre of the controversy is the videography survey which showed a stone structure, which Hindus say is a Shivling and Muslims say is a fountain.

A law of court works on the principle of viable evidences, backed by science. Therefore, our stand is that a carbon-dating of the stone structure be done to establish its age. This is a simple solution. If the structure is a fountain then why are the defendants uncomfortable with its carbon dating?

TheMufti-e-Shahar, Banaras Maulana Abdul Batin Nomani has commented on your website that he has complete faith in judiciary. But he has been contradicting his own stand from day one. First, he claimed that the case is not maintainable and is bound to be dismissed but later he said he will challenge the order of the Varanasi district court in the Allahabad High Court.

It is clear why he is in a dilemma. On one hand, he is calling upon the ‘people of Benaras’ (read Muslims) to abide by the law but one the other hand he says the final verdict will be in the court of the Almighty.

ALSO READ: ‘People Want Political Mileage From Gyanvapi Case’

The Hindu petitioners have demanded for Pooja (prayers), Darshan (sighting), and Sanrakshan (protection) of the Shivling and to substantiate our claims they are ready for a carbon dating of the structure. If it’s a fountain, I plead the defendants to please come up with proofs like its water inlet, design, etc. Let us use scientific methods to verify our claims. There are numerous pieces of evidence like the holy Trishul (trident) or mantras and shlokas inscribed on the walls, which clearly back our demand.

The last prayers were offered in 1991 and since then our deity is locked behind the doors and a huge battery of security personnel has been put on guard. A videography survey has been conducted earlier this year and we are quite confident of its outcome.

The devotees only want to offer prayers to Shringar Gauri which stands on the compound of the disputed Gyanvapi complex as they used to until 1991 and for that, we are moving in the right direction.

If the excesses of the past can be rectified in a harmonious, lawful manner, it will only go to strengthen the communal amity in Benaras. Our history books clearly state that the Gyanvapi Mosque complex was built over the ruins of the desecrated old Shiva Temple by Mughal emperor Aurangzeb. There is disagreement over the reason for destruction of the temple but not about the act.

Even today, parts of this ancient temple are clearly visible on the outer walls of the mosque. From afar, the statues of the bull Nandi and Maa Shringar Gauri can be seen. We don’t want to get involved in any kind of petty disputes as the issue is been unnecessarily politicized for decades and curtains should fall on it once and for all.

As told to Rajat Rai