Gyanvapi Mosque Committee Moves Supreme Court Seeking Intervention In Pleas Challenging Places Of Worship Act

The Committee managing the Gyanvapi Mosque in Varanasi, has approached the Supreme Court, seeking intervention in petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991, reported India Today.

In its plea, the Committee of Management Anjuman Intezamia Masjid emphasised that the mosque has been embroiled in multiple legal disputes, making it a vital stakeholder in the ongoing challenges to the Act.

It stated that the Act is being misinterpreted and undermined through lawsuits targeting mosques, and interim orders for mosque surveys are being sought even before addressing the core legal issues.

The committee highlighted the Supreme Court's Ram Janmabhoomi verdict to uphold the validity of the 1991 Act.

According to the petition, the judgment underscored the principle of non-retrogression as a fundamental part of secularism, which is integral to the Constitution’s basic structure.

Non-retrogression refers to the principle that once protections are granted, they cannot be withdrawn.

The plea asserted that the Ram Janmabhoomi judgment had clarified the reasons for enacting the Act, emphasising its role in preserving secular values and communal harmony.

It argued that challenges to the Act are "rhetorical" and stressed that the Supreme Court cannot adjudicate claims related to historical events, including the actions of ancient rulers, as a basis to question the constitutional validity of the law.

Referring to recent violence in Sambhal, Uttar Pradesh, over a survey of the Shahi Jama Masjid, the committee warned that the pleas could lead to "drastic" consequences.

The November incident was triggered by a court-ordered survey of a mosque after a petition claimed that a Harihar temple previously existed at the mosque site.

The committee also cited the growing number of claims alleging mosques were built over ancient temples.

It warned that granting such declarations could ignite disputes nationwide, "Such disputes rising their heads in every nook and corner of the country and ultimately obliterating the rule of law and communal harmony".

Urging the court to consider the legislative intent behind the 1991 Act, the committee emphasised, "the Parliament, in its wisdom and legislative competence, enacted the 1991 Act as a conscious decision to let the past not haunt the future of the country".

In 2021, Hindu activists claimed the Gyanvapi Mosque was built on a temple demolished during the reign of Mughal emperor Aurangzeb.

While these claims were rejected by the Muslim side, the dispute has persisted in the courts.

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