Ayodhya judgment should be read in courts to prevent claims against mosques: Justice Nariman
New Delhi: Justice Rohinton Nariman, former Supreme Court judge, has urged that the five pages of the Supreme Court's Ayodhya judgment affirming the Places of Worship Act, 1991, be read in every District Court and High Court across India. He stated that this would prevent frivolous suits against mosques and other religious structures.
Speaking at the inaugural lecture of the Ahmadi Foundation, established in memory of former Chief Justice of India Aziz Mushabber Ahmadi, Justice Nariman described the Ayodhya verdict as a "travesty of justice to secularism." However, he identified the segment upholding the 1991 Act as a "silver lining."
"The Constitution Bench spends five pages on the Places of Worship Act and declares it to be sound in secularism, which is part of the basic structure of our Constitution. You cannot look backward; you have to look forward," Justice Nariman emphasised.
These five pages, he suggested, could serve as a critical tool to address the rising number of cases targeting mosques and shrines across the country.
Since 2019, numerous civil suits have been filed, particularly in northern India, demanding the restoration of temples allegedly destroyed in the past to build mosques. A recent example is the Sambhal Jamia Masjid case, where a civil court ordered a survey based on claims that a temple once stood on the mosque's site.
The 1991 Act prohibits the conversion of any place of worship and maintains the religious character of sites as they existed on August 15, 1947. It is currently under challenge in the Supreme Court. Justice Nariman referred to the Constitution Bench's Ayodhya judgment, which hailed the Act as "a legislative instrument designed to protect secular values."
"The law imposes a non-derogable obligation to uphold our constitutional commitment to secularism," the Supreme Court had observed in its 2019 ruling.
Justice Nariman reiterated the importance of the Act, stating, "It freezes the places of worship as they existed on August 15, 1947. To prevent further claims, the law must be implemented as outlined in the judgment."
He added, "We see hydra heads popping up all over the country with suit after suit concerning mosques and shrines. The only way to cauterise this is by applying those five pages of the Ayodhya judgment in courts nationwide."
He further remarked on the quid pro quo judicial appointments, commenting on the case of the judge who acquitted all accused in the Babri Masjid demolition criminal conspiracy case, saying, "That judge was appointed as the UP Lokayukta after retirement. That is the 'state of affairs' in the country.”
The lecture was part of the Ahmadi Foundation’s inaugural event, where a biography titled The Fearless Judge, chronicling Justice Ahmadi's life, was also released.
Justice Nariman concluded by expressing confidence that proper implementation of the Places of Worship Act would curtail unnecessary litigation and uphold secular principles enshrined in the Indian Constitution.
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Family of injured driver in murder of Suvendu's aide seeks exemplary punishment
Kolkata (PTI): The family of Buddhabeb Bera, the driver injured in the shooting that killed BJP leader Suvendu Adhikari's close aide Chandranath Rath, demanded exemplary punishment for those responsible and urged the new government to ensure such incidents do not happen in West Bengal.
Rath was shot dead in Madhyamgram near Kolkata on Wednesday night, triggering a political storm in the state. Bera, who was driving the vehicle at the time of the attack, sustained gunshot wounds and is currently undergoing treatment at a private hospital.
Family members said they learned about the incident through television and immediately left for Kolkata.
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"We came to know from TV reports that my nephew had been shot. We still do not know who carried out the attack or why it happened," Buddhabeb's uncle Biswajit Bera said.
"Our only wish now is that he recovers and returns home safely," he added.
Buddhabeb, 25, hails from Majnaberia village in the Chandipur police station area in Purba Medinipur district.
According to family members, he mostly stays in Kolkata for work and visits home occasionally during weekends.
Besides his parents, his younger brother, sister-in-law and several relatives have also travelled to Kolkata following the incident.
Demanding strict action against the perpetrators, the uncle said, "We want the government to conduct a proper investigation and identify those directly involved in the crime. They should be given exemplary punishment so that such incidents do not happen again in West Bengal and no other family has to go through this grief."
A neighbour, Ranjana Ghorai, also sought stringent punishment for those behind the attack.
"In our neighbourhood, we call him Sona. We want exemplary punishment for the people responsible for this incident," she said.
Rath's family members have demanded life imprisonment for the accused, while Adhikari has called for capital punishment for those involved in the killing.
