New Delhi: Top Muslim leaders of India on Friday (February 2, 2024) took strong exception to the Varanasi court’s judgment allowing Hindu worship in the basement of the Gyanvapi mosque, while expressing its deep disappointment over what it believed was judicial backsliding against principles of justice, secularism and constitutional values.
“The Varanasi Court Judge not only disregarded the plea of Muslim community, but also disregarded crores of Hindus, Sikhs, and Christians who believe that this country is a bouquet of faiths and religions,” said Maulana Khalid Saifullah Rahmani, president of All India Muslim Personal Board. He further said that the Varanasi court delivered a “hasty” judgment, overlooked evidence and facts, and refused to acknowledge the Places of Worship Act, 1991 that prohibited the conversion of any place of worship.
“If the Places of Worship Act is not upheld by the Courts, we may see similar episodes which may trigger endless communal conflicts in the country,” Rahmani raised an alarm.
“Indian Muslims have played an equal role in securing India’s independence from the British. But they still had to face communal alienation from time to time. However, such problems have accelerated for the community in the current times without any respite from the judiciary. This only makes us feel that both law and courts of India have become increasingly malleable to clear the way for the current government’s majoritarian agenda,” said Syed Arshad Madani, President of Jamiat-Ulama-i-Hind.
He added that the Supreme Court’s verdict handing over the site of (now demolished) Babri Masjid to the Hindu side has opened a Pandora’s Box, and has shown the way for Hindutva forces to stake claim on Muslim places of worship across the country.
“One has to ask if such is the state of affairs, how is this country going to run and prosper. The government has to think about which direction it is taking the country,” he said, adding that the British doctrine of “Divide and Rule” is still being practiced in India.
Similarly, Malik Mohtasim Khan of Jamaat-e-Islami said, “Muslims have lost faith in the judiciary and administration. The administration’s promptness to facilitate Hindu prayers in the Gyanvapi mosque’s cellar could be seen in the way it opened the barricades within hours of the court’s order, despite the fact that the Court had given it seven days.”
If those on the line of injustice and exploitation can’t appeal at the Courts, where should they go,” Khan asked in desperation, while talking about the refusal of higher courts to intervene in the Gyanvapi mosque matter.
“We have always appealed to the Muslim community to keep patience and maintain peace. But for how long will we be able to do that? If Muslims give up on their patience, then it is a given that they will face damage, but the country will also have to pay for that desperation,” Khan said.
All India Muslim Personal Law Board official N.A Farooqui said, “Despite our several appeals, the High Courts and Supreme Courts have not intervened, despite the fact that such lower court judgements have the potential to fundamentally change the country.”
He said that the Muslim community is given to feel that even Courts are pandering to the proverb “Jiski Lathi Uski Bhains” (Might is Right).
Muslim leaders condemning judicial inaction after the Gyanvapi mosque judgment is in stark contrast with their stance after the 2019 Supreme Court’s judgment on Ram Janmabhoomi-Babri Masjid case. The leaders had accepted the apex court’s decision gracefully, while picking up points from the judgment that termed the demolition of Babri Masjid as illegal. They had also appealed to the Muslim community to maintain peace and order.
However, back-to-back reverses in Courts and Hindutva aggressive plans to encroach upon mosques in Varanasi, Mathura, and other towns have led them to condemn the judiciary for the first time.
The leaders, in their statement, said, “We express deep surprise and disappointment at the judgment rendered by the Varanasi district judge. In our perspective, the decision seems to rely on a highly incorrect and unfounded argument, asserting that the family of Somnath Vyas used to worship in the basement of the Gyanvapi Masjid until 1993, and it was closed on state government’s orders. Moreover, On January 24, the same court handed over the custody of the basement to the district administration.”
It said that “no pooja was ever conducted in this basement”, and the judgment was based on “an absurd and baseless claim”.
“Equally concerning is the unilateral disclosure of the Archaeological Survey report by the Hindu side to the press, causing turmoil in society. Importantly, the report is currently merely a claim, as it has not been discussed or confirmed in the court,” the statement said.
The leaders also said that the “expeditious execution of the district court’s order by the administration was evidently aimed at undermining the right of the mosque to seek immediate relief from the High Court.”
Terming Courts as the “last resort for justice” in a democracy, the Muslim leaders said that recent judgments indicate the makings of a “majoritarian judiciary”, even as the Courts have remained silent “while several transgressions of law are taking place at the instance of the Executive.”
“The matter goes beyond reserving the dignity of the courts; it is also about safeguarding minority communities and marginalised sections from feeling deprived and frustrated,” the leaders said, while appealing to the “constitutional officials” to ensure “impartiality of the judicial system”.
The leaders have sought time from the President of India Droupadi Murmu and Chief Justice of India D Y Chandrachud to communicate their sentiments.