New Delhi
The verdicts of lower courts on Sambal and Ajmer Sharif have put former Chief Justice DY Chandrachud in the crosshairs. He is being alleged that his decision opened the doors to surveys and petitions of religious places in the country. All India Muslim Personal Law Board (AIMPLB) and Samajwadi Party (SP) MPs have termed the decision of the bench headed by Chandrachud allowing survey of Varanasi’s Gyanvapi complex in 2023 as wrong. SP MPs Zia-ur-Rehman Barak and Mohibullah Nadvi said, “Chandrachud’s decision was wrong. This has opened the way for more survey petitions. The Supreme Court should take cognizance of this and stop such surveys.”
The Personal Law Board also issued a statement saying that this decision is against the spirit of the “Places of Worship Act, 1991”. The board said, “In the Babri Masjid case, the Supreme Court had cited this Act and said that the status of any place of worship cannot be changed as per 15 August 1947. But in the Gyanvapi case, the court softened its position by allowing the survey.”
Growing controversy regarding survey
After the Gyanvapi decision, petitions have been filed on the claims of having a temple in Ajmer Sharif along with Shahi Idgah of Mathura, Tila Wali Masjid of Lucknow and now Jama Masjid of Sambal. The Personal Law Board and the opposition say that these surveys may further increase communal tension. AIMIM chief Asaduddin Owaisi said, “The status of a place of worship cannot be changed as per the 1991 law. In such a situation, what is the purpose of these surveys?
appeal to the constitution and law
Advocate Vishnu Shankar Jain, representing the Hindu side, said the 1991 law does not apply to sites protected by the ASI. He said, “The site of Sambal is protected by ASI. Therefore, the Places of Worship Act does not apply here.” Citing the Ancient Monuments Act of 1950, Jain said that if a monument is a religious place then the ASI will decide its religious nature and allow the concerned community to worship there.
Chandrachud’s decision and its impact
On August 3, 2023, the Supreme Court had given permission for scientific survey by ASI in the Gyanvapi complex of Varanasi. In this judgment the court had said that “Section 3 of the 1991 Act does not prohibit ascertaining the religious nature of a place of worship, although Section 4 prohibits changing its status.” After this, Allahabad High Court gave permission for survey in the Shahi Idgah complex of Mathura in December 2023. Similarly, controversy regarding survey increased in Bhojshala of Madhya Pradesh also.
Citing RSS chief Mohan Bhagwat’s 2022 statement, the opposition said there is no need to find a Shivalinga in every mosque. Congress leader Imran Masood said, “The aim of these surveys is only to increase communal tension.” In the future, the country’s eyes are fixed on the next hearing and decision of the Supreme Court on these surveys and petitions.
