From Babri to Gyanvapi, how India’s courts have helped escalate Hindutva claims on mosques
For decades after 1949, when
an idol of the Hindu deity Ram was mysteriously placed inside the Babri Masjid, only a couple of priests were allowed to go inside to perform religious rites. The public could only watch from beyond a grill.
However, in 1986, an advocate unconnected to the dispute filed an appeal before a district judge in Faizabad, KN Pandey, on January 31, 1986. The appeal was allowed a day later. The judge directed the gates to be opened for Hindus to worship. Within minutes of the order being passed, the Babri Masjid’s gates were opened.
The original parties to the suit were not aware of these proceedings, except for one, who was not allowed to be impleaded in the suit. The district magistrate and the superintendent of police who were present in court said that there would not be any problem if the locks were opened.
In 2010, Justice SU Khan
expressed shock at the sequence of events, where an appeal was filed by a “stranger” that was “not maintainable” and the impleadment of one of the parties “was wrongly rejected” because of which there was “no one to oppose the appeal”.
With regards to Hindutva claims about the Mughal-era Gyanvapi mosque, two cases before civil courts in Varanasi have sparked off a controversy.
The first case was filed in a Varanasi civil court in 1991 by devotees of “Swayambhu Lord Vishweshwar”. They claimed that the Gyanvapi mosque plot was originally occupied by a temple and asked for permission to worship on the property. The court, in 1997, said that certain portions of the plea were barred by the Places of Worship (Special Provisions) Act, 1991.
After this, a civil court started hearing the matter again. In April 2021
, it ordered the Archaeological Survey of India to conduct a survey to determine if a temple had existed at the site of the mosque.
Scroll.in had reported that this
survey could be used to claim an exception under the Places of Worship Act, which exempts from “ancient monuments” – structures or monuments that are of historical interest and have existed for more than 100 years – from the purview of the legislation.
The Allahabad High Court,
in September 2021, reprimanded the civil court for its order and stayed the directions for an archaeological survey.
In August 2021, while a case was already pending before the Allahabad High Court, a second petition was filed before a civil court in Varanasi. It asked for the right to perform rituals in the Gyanvapi complex and the preservation of the “Hindu gods Maa Shringar Gauri, Lord Ganesha, Lord Hanuman and other visible and invisible deities” it claimed were present there.
On April 8, 2022, a civil judge appointed Ajay Kumar as an advocate commissioner to undertake a videographic survey of the mosque and submit it to the court. He could also ask for police assistance, if required. The Muslim side protested Kumar’s appointment, as his name had been suggested by the plaintiffs.
On May 12, the
court refused to replace Kumar but appointed two more advocate commissioners to assist him in the videography. It directed the district administration to break the locks if required and register a first information report against those who create a hindrance. It also asked for the report to be submitted by May 17.
Former Allahabad High Court Chief Justice Amar Saran told The Quint that this survey contravened the Places of Worship Act, which prohibits even attempts to convert a place of worship. Therefore, “the lower courts are complicit in perpetrating an illegality”, he said.
Then on Monday, before even the report was submitted, at a hearing where the mosque representatives were not present, the court took note of the Hindu petitioners’ submission that a shivling – an idol of Hindu god Shiva – had allegedly been found in the water tank. Based on this, it ordered that a portion of the Gyanvapi mosque
be sealed. It also said that only 20 Muslims would be allowed to pray in the mosque.
The mosque side has contested this claim, saying that the structure is actually a fountain. The next day, the advocate commissioner
was removed for leaking information to the press. The two remaining commissioners will file the report by May 19.
https://scroll.in/article/1024134/f...lped-to-escalate-hindutva-cases-about-mosques