AIMPLB urges CJI to ask lower courts to refrain from opening doors to disputes

New Delhi, Nov 28: The All India Muslim Personal Law Board on Thursday expressed concern over the recent claims on mosques and dargahs in various courts in the country and urged Chief Justice of India Sanjiv Khanna to take suo motu action and direct the lower judiciary to refrain from opening doors to more disputes.

SQR Ilyas, the All India Muslim Personal Law Board (AIMPLB) spokesperson, said such claims were a “blatant mockery” of the law and the Constitution, especially in light of the Places of Worship Act.

The law, enacted by Parliament, clearly specified that the status of any place of worship as of August 15, 1947, shall remain unchanged and cannot be challenged, he said in a statement.

The intent was clear, to prevent any further targeting of mosques or other religious places following the Babri Masjid case, he said.

The AIMPLB has expressed deep concern and anguish over the recent spate of claims on mosques and dargahs in various courts across the country, the statement said.

“Following the unresolved issue of Sambhal’s Jama Masjid, a new claim has emerged, asserting that the world-renowned Ajmer dargah is the Sankat Mochan Mahadev Temple. Unfortunately, the West Civil Court in Ajmer has accepted this petition for hearing and issued notices to the parties involved,” Ilyas said.

The complainant has named the dargah committee, the Union Ministry of Minority Affairs, and the Archaeological Survey of India (ASI) as respondents, he noted.

Ilyas said it was deeply unfortunate and shameful that, after the claims on the Gyanvapi mosque in Varanasi, Shahi Eidgah in Mathura, Bhojshala mosque in Madhya Pradesh, Teele Wali masjid in Lucknow, and the Shahi Jama Masjid in Sambhal, a claim was been made on the historic Ajmer dargah.

“Despite the law, the court has accepted Vishnu Gupta’s petition for hearing and issued notices to the parties. The petitioner alleges that the land of the dargah was originally a temple dedicated to Lord Shiva, where worship and rituals like jal abhishek were performed,” he said.

Ilyas pointed out that during the Babri Masjid case, the Supreme Court not only referred to the Places of Worship Act but also stated that no new claims could be entertained after its enactment.

“Yet, when the lower court accepted the claim on the Gyanvapi mosque, the Muslim side approached the Supreme Court, arguing that such a claim should not be entertained given the Places of Worship Act. The court, however, softened its stance and allowed the survey, stating it did not violate the 1991 law,” he said.

This has led to subsequent claims on Shahi Eidgah in Mathura, Teele Wali masjid in Lucknow, and now the Jama Masjid in Sambhal and the Ajmer dargah, he noted.

Ilyas appealed to the chief justice of India to take immediate suo motu action in this matter and the direct lower courts to refrain from opening doors to any further disputes.

“Additionally, it is the responsibility of both central and state governments to strictly enforce this law passed by Parliament. Failure to do so could lead to an explosive situation across the country, for which the Supreme Court and the central government would be held accountable,” he said.