'The Hindu' on Sambhal Mosque violence: A call for judicial restraint, harmony
The recent violence in Uttar Pradesh’s Sambhal district, which claimed four lives, has once again underscored the dangers of communal discord fueled by contentious litigation and controversial court orders. The unrest erupted following a motivated legal suit aimed at altering the status of a place of worship, leading to a questionable ex parte order by a local court and subsequent violent protests. The Supreme Court of India has intervened to maintain peace and has directed the lower court to halt proceedings until the Allahabad High Court hears the mosque committee's challenge to the survey order. This intervention, as highlighted in The Hindu editorial, has brought some relief amidst the heightened tension.
According to the editorial, the controversy centers around the 16th-century Shahi Jama Masjid in Chandausi. The local court’s order to conduct a survey of the mosque, issued without hearing the mosque management committee, sparked outrage among local residents, who viewed it as an attempt to convert the mosque into a temple. The editorial notes that the violence, which coincided with the second survey, resulted in the deaths of four people. While police claim that firearms used by the protesters caused the fatalities, residents allege it was due to police firing.
The Hindu points out that such incidents are part of a troubling pattern of action by aggressive proponents of Hindutva ideology. Claims that numerous mosques were built after destroying Hindu temples have led to a series of legal attempts to alter the religious identity of these structures. The editorial draws attention to how courts, influenced by precedents in similar cases from Varanasi and Mathura, have frequently issued orders permitting surveys of disputed sites without first determining the legal admissibility of such suits.
This practice, the editorial argues, undermines the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the status of places of worship as of August 15, 1947. The Act also bars filing lawsuits aimed at changing the religious character of such sites. The editorial links these developments to an observation by former Chief Justice of India, D.Y. Chandrachud, suggesting that the Act does not preclude assessing the religious character of a place as it stood on the cutoff date. This interpretation, The Hindu implies, has emboldened individuals to pursue ill-motivated claims.
Additionally, the Shahi Jama Masjid is protected by the Archaeological Survey of India, which prohibits its use for purposes inconsistent with its historical and religious significance. This legal protection, however, appears to have been ignored in the rush to entertain the claims of the litigants.
The editorial emphasizes the broader implications of such cases, warning that judicial actions that permit questionable suits risk stoking communal tensions and undermining societal harmony. It calls for greater caution from the judiciary in entertaining claims that challenge the established status of religious places and stresses the need to uphold peace and constitutional values in such sensitive matters.
As highlighted by The Hindu, incidents like these serve as a sobering reminder of the need for collective efforts to maintain communal harmony and safeguard the secular fabric of the nation.
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Uttarkashi Mahapanchayat: Hindutva groups protest alleged illegal mosque
SP transferred after he denied permission for Mahapanchayat
Uttarkashi witnessed a mahapanchayat organised by Hindutva groups on Sunday under heavy police deployment. The event, initially denied permission, was later allowed with strict conditions. The district's Superintendent of Police, Amit Srivastava, was transferred shortly after stating that such a gathering would not be permitted in a public space.
Protesters announced a district-wide agitation against a mosque in the region, claiming it was built illegally.
Key speakers, including Telangana BJP MLA T Raja Singh, called for strong measures to counter alleged "land jihad" and urged the state government to emulate Uttar Pradesh Chief Minister Yogi Adityanath's approach. Vishva Hindu Parishad (VHP) state president Anuj Walia declared plans for further protests, including another mahapanchayat in a month.
The Muslim community in Uttarkashi expressed concerns but vowed to continue their legal battle, maintaining that the mosque was built legally. Earlier investigations had found no evidence of encroachment, but demands for demolition persist.
The event also saw Gangotri MLA Suresh Singh Chauhan advocating a ban on meat and liquor shops in the town to preserve its religious character. Meanwhile, tensions remain high as a High Court hearing on the issue is scheduled for December 5.
