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Gyanvapi Case is Result of Dangerous Precedent Set by Judiciary in Babri Verdict on Astha: Muslim Leaders

New Delhi, Feb. 2: At a press conference at Jamiat headquarters here Friday, Muslim leaders expressed serious concern over the Varanasi District Court order on Gyanvapi Masjid, abrupt initiation of puja in the Masjid’s Celler, overnight breaking of iron grills and placement of idols there. They opined that the Babri verdict based on Astha and not on facts has given wrong direction to the situation we are in as it has set a dangerous precedent for other religious places.

Maulana Khalid Saifullah Rahmani, President, All-India Muslim Personal Law Board opined, “What has happened in Gyanvapi Masjid has shocked not only 20 crore Muslims but also all those who believe in the Constitution, Secularism and Justice. It’s wrong to say that Gyanvapi Masjid was built by demolishing a temple. It has been categorically said that a mosque cannot be built on land belonging to others or by demolishing any temple. Minorities are getting the impression that the judiciary has set different norms of justice for minority and majority.”

Maulana Arshad Madani, President Jamiat Ulama-i-Hind observed, “Controversies regarding Babri Masjid and other mosques in various parts of the country were there but today the kind of aggression shown is because of flexibility of courts and it has paved the way for those who want to take over the mosques by force. The Babri verdict based on faith, ignoring the fact, has given a wrong direction and therefore we can see the aggression and claim for one masque after another. The verdict has set a dangerous precedent. If judiciary doesn’t give verdicts based on facts, what is the use of having laws and books on laws?”

Maulana Syed Mahmood Madani, President Jamiat Ulama-i-Hind (Mahmood faction) stated, “What is happening today has put a big question mark on our judiciary because of one-side order and just before retirement of the judge. We are at crossroads and if we don’t get justice from judiciary, where will we go? Situation should not be allowed to become worst as it won’t be in the interest of country and the people.”

Malik Mohtasim Khan, Vice President Jamaat-e-Islami Hind said, “What has happened in Gyanvapi has dented people’s faith in judiciary, diminishing people’s respect for judiciary. We don’t know whether our judiciary is under pressure but fingers are being raised over the manner in which our courts are behaving in a partisan manner. The confidence of Muslims in particular and minorities in general that if any injustice takes place, there is judiciary as the last resort is weakening by the day.

“We express our deep regret and concern over the abrupt initiation of puja in Gayanvapi Masjid Celler, marked by the overnight breaking of iron grills and placement of idols. The swift initiation of this action, despite the court granting a seven-day window for the administration to make necessary arrangements, raises questions about apparent collusion between the administration and the plaintiff, attempting to foreclose any effort by Masjid Managing Committee to pursue remedies against the District Court order,” said Muslim leaders in a joint statement.

“We express deep surprise and disappointment at the judgment rendered by the Varanasi District Judge. In our perspective, this 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 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.

“It is imperative to clarify that no puja was ever conducted in this basement. The District Judge’s decision, based on an absurd and baseless claim, is highly questionable, especially given its timing on the last day of his service. Equally concerning is the unilateral disclosure of the archaeological survey report by the Hindu side to the press, causing turmoil in society. Importantly, this report is merely a claim, as it has not been discussed or confirmed in the court,” the statement said.

“The issue extends beyond the Gyanvapi Masjid; baseless claims are persistently made on places of worship like Shahi Eidgah of Mathura, Sunheri Masjid Delhi along with numerous mosques and waqf properties across the country. This trend of unwarranted claims on various places of worship raises serious concerns. The continued silence on Places of Worship Act 1991 by the Supreme Court has become a source of deep worry for the Muslim community in the country,” the statement further said.

“In a democratic system, courts serve as the last resort for justice. The recent comments of Supreme Court Senior Advocate Dushyant Dave about the judiciary becoming a “majoritarian judiciary” and that the judiciary is remaining silent while several transgressions of law are taking place at the instance of the Executive” are deeply concerning. If courts appear biased, it raises fundamental questions about where justice can be found,” it said.

“In this critical hour. As representatives of Indian Muslims, we have requested time to communicate these concerns to the President of India, who holds the highest office in the country. We hope that, at her level, she can take steps to address these issues. Additionally, we intend to convey the sentiments of the Muslim community to the Chief Justice of India in a respectful and appropriate manner. We hope they can use their influence to address this situation and protect the principles of justice and equality that underpin our democratic nation,” the statement said.

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