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Ajmer Sharif Shrine and Indian Muslim in light of Act of 1991. By Hem Raj Jain
Ajmer Dargah Sharif, the Shrine of famous Sufi Saint Muin-al-din-Chisti popularly known as ‘Gharib Nawaz’(benefactor of poor) is the most revered shrine in India for Muslims not merely of India but also from neighboring and other countries Therefore when a subordinate court ordered the survey of Ajmer Dargah [in a suit to find out whether there was Hindu (Shiva) temple at this place before this dargah was constructed over there] it has shocked and caused deep hurt to about 200 million Muslim population of India and has triggered intense political debate in India as reported at https://timesofindia.indiatimes.com/blogs/toi-editorials/courting-trouble/ and https://www.ndtv.com/india-news/court-order-on-ajmer-dargah-sparks-intense-political-debate-7126635 .
But it has a known pattern where Indian Muslims and their leaders are shedding crockodile tears without doing any thing meaningful and effective as they did earlier too out of un-Islamic cowardice in two cases namely of Babri Masjid and new SIT regarding 2002 Guarat massacre of thousands of innocent Muslims as mentioned in my article https://www.pakistanchristianpost.com/exclusive-reports-details/341.
Asaduddin Owaisi the President of AIMIM has also expressed his outrage over this court order for survey of Ajmer Dargah Sharif as discussed at https://www.youtube.com/watch?v=gbla1hPmdYI but he is not doing what is ought to be done by him as member of parliament to solve this problem permanently & effectively as given below:-
(1)- Owaisi should move a private member bill in Parliament to to make the SCI to implement spirit & purpose of "Places of Worship Act 1991"
(2)- Lower courts are ordering survey of various masjids & Dargah of Muslims because Supreme Court ( the CJI justice Chandrachud ) allowed survey of Gyanvapi Masjid as reported at https://www.news18.com/india/gyanvapi-masjid-news-case-hearing-live-updates-asi-survey-gyanvapi-mosque-complex-varanasi-livenews-8499979.html
(3)- THe CJI Chandrachud made the following huge legal error in this order-
(i)- An application is filed for survey in a suit in which prayer is to change the character / status of place of worship hence the objective of application for survey will always be to realize the objective of the suit namely to change the character / status of place of worship. Therefore the application is not an independent and innocent proceeding but an inseparable part of suit and is meant to change the character / status of the place of worship which is not allowed in 'Places of Worship Act 1991'.
(ii)- To some extent in criminal cases (which are between State and citizens) the Court takes interest in gathering / searching evidence so that criminals (the accused) can be punished but in civil cases ( Which are between citizens and citizens) the courts are not supposed to gather / search evidence in favor of the plaintiff rather in suit prayers are granted on the basis of evidence provided by the plaintiff . But by ordering a survey of masjids, Dargah etc the court is trying illegally to search for evidence for the benefit of the plaintiff (as was done in the cases of Babri masjid, Gyanvapi masjid and Sambhal jumma masjid etc) which is legally objectionable .
(iii)- CJI Chandrachud even went against the November 2019 judgement in Ayodhya dispute by a constitutional bench of which he was also a member where it was categorically said in the judgement that respecting places of Worship Act no other suit or proceeding will be entertained by any court which seeks to change the character / status of any place of worship as was complained by a Senior advocate of Supreme Court at https://www.youtube.com/watch?v=ncNr7qzKlRQ
(4)- This means that the SCI is frustrating the spirit and purpose of this Parliamentary legislation the 'Places of Worship Act 1991') hence specially Asaduddin Owaisi (the President of All India Majlis e Ittihad e Muslimeen the AIMIM who is never tired of boasting to protect the interests of Indian Muslims and who all along has been sustained politically by the support and votes of Muslims) ought to move a private member bill in Parliament.
Therefore in the interest of avoiding unnecessary bloodshed and loss of lives in India (as happened this month at Sambal) the religious leaders of Indian Muslims should constrain Muslim MP Asaduddin Owaisi (the President of AIMIM who is never tired of boasting to protect the interests of Indian Muslims) to move private member Bill in Parliament (i)- To make the SCI to implement spirit & purpose of "Places of Worship Act 1991"and (ii)- To pass a Parliamentary resolution that no survey will be allowed by any court because it is in violation of the spirit and purpose of the Parliamentary legislation the Places of Worship Act 1991.
But it has a known pattern where Indian Muslims and their leaders are shedding crockodile tears without doing any thing meaningful and effective as they did earlier too out of un-Islamic cowardice in two cases namely of Babri Masjid and new SIT regarding 2002 Guarat massacre of thousands of innocent Muslims as mentioned in my article https://www.pakistanchristianpost.com/exclusive-reports-details/341.
Asaduddin Owaisi the President of AIMIM has also expressed his outrage over this court order for survey of Ajmer Dargah Sharif as discussed at https://www.youtube.com/watch?v=gbla1hPmdYI but he is not doing what is ought to be done by him as member of parliament to solve this problem permanently & effectively as given below:-
(1)- Owaisi should move a private member bill in Parliament to to make the SCI to implement spirit & purpose of "Places of Worship Act 1991"
(2)- Lower courts are ordering survey of various masjids & Dargah of Muslims because Supreme Court ( the CJI justice Chandrachud ) allowed survey of Gyanvapi Masjid as reported at https://www.news18.com/india/gyanvapi-masjid-news-case-hearing-live-updates-asi-survey-gyanvapi-mosque-complex-varanasi-livenews-8499979.html
(3)- THe CJI Chandrachud made the following huge legal error in this order-
(i)- An application is filed for survey in a suit in which prayer is to change the character / status of place of worship hence the objective of application for survey will always be to realize the objective of the suit namely to change the character / status of place of worship. Therefore the application is not an independent and innocent proceeding but an inseparable part of suit and is meant to change the character / status of the place of worship which is not allowed in 'Places of Worship Act 1991'.
(ii)- To some extent in criminal cases (which are between State and citizens) the Court takes interest in gathering / searching evidence so that criminals (the accused) can be punished but in civil cases ( Which are between citizens and citizens) the courts are not supposed to gather / search evidence in favor of the plaintiff rather in suit prayers are granted on the basis of evidence provided by the plaintiff . But by ordering a survey of masjids, Dargah etc the court is trying illegally to search for evidence for the benefit of the plaintiff (as was done in the cases of Babri masjid, Gyanvapi masjid and Sambhal jumma masjid etc) which is legally objectionable .
(iii)- CJI Chandrachud even went against the November 2019 judgement in Ayodhya dispute by a constitutional bench of which he was also a member where it was categorically said in the judgement that respecting places of Worship Act no other suit or proceeding will be entertained by any court which seeks to change the character / status of any place of worship as was complained by a Senior advocate of Supreme Court at https://www.youtube.com/watch?v=ncNr7qzKlRQ
(4)- This means that the SCI is frustrating the spirit and purpose of this Parliamentary legislation the 'Places of Worship Act 1991') hence specially Asaduddin Owaisi (the President of All India Majlis e Ittihad e Muslimeen the AIMIM who is never tired of boasting to protect the interests of Indian Muslims and who all along has been sustained politically by the support and votes of Muslims) ought to move a private member bill in Parliament.
Therefore in the interest of avoiding unnecessary bloodshed and loss of lives in India (as happened this month at Sambal) the religious leaders of Indian Muslims should constrain Muslim MP Asaduddin Owaisi (the President of AIMIM who is never tired of boasting to protect the interests of Indian Muslims) to move private member Bill in Parliament (i)- To make the SCI to implement spirit & purpose of "Places of Worship Act 1991"and (ii)- To pass a Parliamentary resolution that no survey will be allowed by any court because it is in violation of the spirit and purpose of the Parliamentary legislation the Places of Worship Act 1991.
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"Trial of Pakistani Christian Nation" By Nazir S Bhatti
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