Muslims still conspiring to destroy secularism & rule-of-law in India by not fighting Gyanvapi Mosque case properly in court. By Hem Raj Jain

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It is evident that because Muslim’s practice theocracy all over the world in Muslim majority countries and also because India was partitioned on the basis of religion hence Muslims are working under some conspiracy to destroy secularism in India too. The Muslims are deliberately pushing India (by their act of omission) towards ‘Hindu Rashtra’ (which Hindutva forces are trying to achieve by their act of commission).

Earlier the Indian Muslims did it by not properly contesting the case of Babri-Masjid. The Muslims were expected to file a petition in the Supreme Court of India (SCI) for the restoration of status-quo-ante of Babri Masjid which was demolished in 1992 in presence of the observer of the SCI . The SCI is under legal obligation to restore the status-quo-ante of Babri Masjid before allowing any court to decide the Ayodhya suit or its appeals otherwise it is criminal contempt of court by the SCI itself for lowering the authority of the court  under section 2 ( C) (i) read with section 16 of the ‘Contempt of Court Act’.

Now again the Muslims have done the same when on April 8, 2021 they allowed a local court in Kashi Varanasi (U.P.) to direct the ‘Archaeological Survey of India’ (ASI) to conduct a survey of the Gyanvapi Mosque compound adjacent to the Kashi Vishwanath Temple to find out whether it was a “superimposition, alteration or addition or there is structural overlapping of any kind, with or over, any other religious structure. The committee would “trace as to whether any Hindu temple ever existed before the mosque in question was built or superimposed or added upon at the disputed site,” said senior civil judge fast track court Ashutosh Tiwari”  as reported by media https://www.thehindu.com/news/national/other-states/survey-gyanvapi-mosque-adjacent-to-kashi-vishwanath-temple-varanasi-court/article34272544.ece

This legally & morally objectionable situation has come up because the SCI did not stop the excavation of Ayodhya site by Lucknow High Court in 2003 (which was bad in law) as mentioned at https://frontline.thehindu.com/the-nation/article30216258.ece where it was reported in 2003 that - [The Lucknow Bench decision has given rise to a curious legal dilemma. Rajeev Dhavan, senior advocate of the Supreme Court and counsel for the Babri Masjid Action Committee, said: "In an adversarial litigation (as the one before the Lucknow Bench), the burden of providing proof lies on the defendant. In this case, it was the Hindu defendant who made the claim that there was a Hindu temple before the construction of the Babri Masjid at the spot where it stood. It is not for the court to devise a procedure to provide the proof. It was an exercise in kite-flying by the defendants; the court seems to have accepted it. Such a procedure will set a dangerous precedent and lead to many petitions with speculative nature coming up before the courts, asking the courts to prove the claims that structures existed beneath the current monuments].

What this lower court of Kashi has done on April 8, 2021 is patently illegal on two counts: -

(A)- Martial matters are between State and State whereas criminal matters are between State and citizen and civil matters are between citizens and citizens. Hence only in criminal cases (which are between State and citizens) the court orders the police to collect the evidence. But in civil suits it is not the responsibility of the court to search the evidence to support the assertion / submissions of the plaintiff or the respondent. Hence the Muslims should not have participated in these proceedings of Kashi court where this order on ASI was passed. Rather the Muslims should have moved the SCI for reviewing its order [where it allowed the excavation of Babri Masjid site (during the regime of PM Vajpayee) in 2003 to search evidence of any temple below Babri Masjid] and after this review, the SCI to stop the proceedings of Kashi court by a writ.

(B)- Section 4. of THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 which reads as - Declaration as to the religious character of certain places of worship and bar of jurisdiction of courts, etc.—(1) It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day. (2) If, on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority.

Even now the Muslims should do the following if they are interested in protecting secularism and rule-of-law in India:-

(1)-  Indian Muslims should file a writ petition in the SCI to review its order in Babri-Masjid case where the SCI allowed the Lucknow High Court in 2003 the excavation of site to search the evidence to support the assertion / submission of Hindus and after this review to declare that no court in civil suit will try to search the evidences to support the assertions / submissions of any party.

(2)- In view of above writ petition and in view of THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 the Indian Muslims should (may be by filing another writ petition in the SCI, if necessary) to quash the said April 8, 2021 order of the Kashi Court and to quash the entire proceedings of Kashi court which passed this April 8, 2021 order.

(3)-  In view of the criminal negligence by the Muslims in the matter of Ayodhya dispute which has allowed the courts to take the matters of rule-of-law (and secularism) lightly, the Indian Muslims should even now file a petition (despite disposal of appeal in Ayodhya dispute by the SCI) for the restoration of status-quo-ante of Babri Masjid which was demolished in 1992 in presence of the observer of the SCI by mentioning in the petition that:- 

(i)- Otherwise it will be criminal contempt of court by the SCI itself for lowering the authority of the court under section 2 ( C) (i) read with section 16 of Contempt of Court Act.

(ii)- If Hindus try to create law & order problems (as BJP Member of Parliament Subramanian Swamy has publicly promised) during the restoration of Babri Masjid then the Court should direct the Government of India to requisition the ‘Peace Keeping Force’ from the United Nations. If Indian military can go to other countries as part of UNPKF then the military of other countries can also come to India for maintaining peace through UNPKF.

(iii)- The Courts in India should stop pampering / favoring the Hinduism (which has resulted in killing of thousands of innocent Muslims due to ill-adjudicated Ayodhya dispute) by Courts saying & taking the excuse that Hindu Temples were destroyed by Muslim invaders & rulers [though this was the order of the day during those times which is evident from the fact that even the Hindus immensely killed Jain & Bauddh monks etc and destroyed their temples and other religious places].  

It can only be hoped that the Indian Muslims will not try to bring theocracy (Hindu Rashtra) to India by their act of omission and instead will fight the Gyanvapi Masjid (and even Babri Masjid) case properly, as mentioned above,  for the protection of secularism & rule-of-law in India.

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