Gyanvapi Mosque Committee Appeals to SC to Reject Challenges Against Places of Worship Act
Click to start listening
New Delhi, Dec 6 (NationPress) The Managing Committee of the Gyanvapi Mosque in Varanasi has approached the Supreme Court, requesting the dismissal of petitions challenging the Places of Worship Act. They argue that declaring the 1991 Act unconstitutional would lead to drastic repercussions, ultimately undermining the rule of law and disturbing communal harmony.
The mosque committee submitted an application to intervene in the proceedings that question the validity of the Places of Worship (Special Provisions) Act, 1991.
They asserted that any Article 32 petition challenging a legislative act must demonstrate its unconstitutionality based on established constitutional principles, emphasizing that rhetorical claims of retaliation against past rulers should not form the basis of a constitutional dispute.
"The Parliament enacted this legislation as a testament to the secular values enshrined in the Constitution. The applicant respectfully requests that while this Hon'ble Court deliberates on the challenge to the 1991 Act, the petition should be dismissed as lacking merit," the application stated.
The committee highlighted that the 1991 Act was the result of comprehensive discussions and debates within Parliament, reflecting a conscious decision to prevent historical grievances from overshadowing the country’s future. The Act embodies the foundational values of secularism and fraternity as outlined in the preamble.
"Nearly three decades after the 1991 Act was enacted, the petitioner aims to challenge it with a petition filled with rhetorical and communal assertions that should not be considered by this Hon'ble Court," the application continued.
It further noted that "the implications of the declaration sought by the petitioner could be catastrophic. A recent incident in Sambhal, Uttar Pradesh, where a court allowed a survey of the Shahi Jama Masjid immediately upon the suit's filing, resulted in grave violence, claiming at least six lives. The petitioner's request would likely incite similar disputes across the country, ultimately undermining both the rule of law and communal harmony."
The Gyanvapi Mosque Committee has faced numerous lawsuits aimed at gaining the right to worship within the mosque, with some asserting that it is an ancient temple. The application contended that certain suits even seek to dismantle the mosque and prevent Muslims from accessing it.
"A common theme throughout these litigations is that they are barred by Sections 3 & 4 of the 1991 Act. Consequently, the applicant is a vital participant in this challenge and seeks to assist this Hon'ble Court through the current intervention," the application stated.
Additionally, it pointed out that currently, there are approximately 20 lawsuits pending in various Varanasi courts attempting to revoke the protections granted by the 1991 Act and alter the nature of the Gyanvapi Mosque, restricting Muslim access to it.
