The CPI(M) on Monday filed intervening application in Supreme Court opposing the petitions which challenge the constitutionality of the Places of Worship Act, 1991. The party’s petition represented by polit bureau member Prakash Karat, said the Act preserves India's secular fabric and sought the top court’s intervention in stopping survey orders on mosques by several courts across the country.
The polit bureau in a statement cited that many such surveys of ancient mosques to verify the presence of temple ruins lying underneath is creating communal tensions in many places. "After Varanasi and Mathura, in Sambhal, a survey was ordered of a 16th century mosque by a lower court. This resulted in violence in which four Muslim youth were killed. Following this, a similar petition has been entertained in the civil court in Ajmer regarding the Ajmer Sharif Dargah," the party said.
In a statement here after a two-day meeting of the CPI(M) Politburo on December 7-8, the Left party said it is unfortunate that the Supreme Court has not intervened to put a stop to such litigations. "The 2019 five-member bench judgment of the Supreme Court on the Ayodhya dispute had categorically upheld the validity of the law and its enforcement. Given this direction, it is incumbent on the apex court to intervene to put a stop to legal proceedings, which are violative of the Act," the CPI(M) said.
Several litigations filed in various courts related to temple-mosque disputes have come into the limelight, including on Gyanvapi Mosque in Varanasi, Shahi Idgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, Ajmer Dargah of Sufi saint Moinuddin Chishti and Budaun's Jama Masjid Shamsi, where petitioners have claimed that these were built after destroying ancient temples and sought permission to offer Hindu prayers there.
The Supreme Court has constituted a special bench to hear a batch of PILs challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991 law that prohibits filing a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. The headed by Chief Justice of India is scheduled to hear the matter on December 12.