New Delhi: The Gyanvapi Mosque management committee, Varanasi has moved the Supreme Court challenging several petitions pending before the top court challenging the constitutional validity of the the Places of Worship (Special Provisions) Act, 1991, saying that the consequences of overturning the law are bound to be drastic.
The Mosque Committee has filed an intervention application (IA) before the top court seeking dismissal of the pending pleas challenging the Places of Worship Act. It has said that the pleas against the 1991 law are based on “rhetorical and communal claims” and “the rhetoric arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.”
Grievance of petitioner as regards ancient rulers of past cannot be addressed by this hon’ble court: Mosque Committee
“That without lending much credence to the rhetorical claims made in the petition, the purported grievance of the petitioner as regards ancient rulers of the past cannot be addressed by this hon’ble court nor is a valid ground for challenging the constitutional validity of the 1991 Act,” the plea said.
1991 law a legislative instrument designed to protect secular features of the Indian polity: Mosque Committee
The Mosque Committee has further said that the 1991 law was a “legislative instrument designed to protect the secular features of the Indian polity and an enforcement of constitutional commitment” and that an “Article 32 petition challenging a legislative enactment must indicate the unconstitutionality of the provisions based on constitutional principles and the rhetoric arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.”
Declaration sought by petitioner would mean such disputes rising their head in every nook and corner: Mosque Committee
The plea by the Masjid Committee, while pointing out the recent incident of Sambhal violence, has said that the declaration sought by the petitioner would mean such disputes rising their head in every nook and corner of the country and ultimately obliterate the rule of law and communal harmony.
“As seen recently in Sambhal, Uttar Pradesh where a court permitted survey of the Shahi Jama Masjid by allowing an application for appointment of Survey Commissioner the very day when the suit was presented, in ex parte proceedings, the incident led to widespread violence and has claimed, as per reports, at least six citizens lives. The declaration sought by the petitioner would mean such disputes rising their head in every nook and corner of the country and ultimately obliterate the rule of law and communal harmony,” the plea by the Masjid Committee said.
