sambhal
By Justice Katju
A suit was filed in a court in Sambhal, UP by some Hindus alleging that the Jama Masjid there was built after destroying a Hindu temple.
Although the suit was barred by the Places of Worship Act, 1991, but in view of former Chief Justice of India Chandrachud’s dishonest observation in the Gyanvapi mosque case, courts can order survey of mosques to find out their history ( which would impliedly include digging in the mosque, and ‘discovering’ the remnants of a Hindu temple, after which a mob of bigots would destroy the mosque, as happened to the Babri masjid).
https://www.punjabtodaynews.com/the-crass-dishonesty-of-former-cji-chandrachud
In the Sambhal case, within an hour of filing the suit, the court ordered a survey of the Jama Masjid, without even hearing the management of the mosque, and soon thereafter the survey began.
This high handed act, which could have led to the mosque’s destruction, naturally evoked strong protests from the Muslims of the locality, and a police firing then took place in which some Muslims were killed and many injured.
Many people, including politicians of opposition parties, members of social organizations, and journalists wanted to visit Sambhal to ascertain the correct facts and meet relatives of the victims, but the district administration has prohibited them from doing so.
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.aljazeera.com/news/2024/11/25/arrests-after-muslims-killed-in-mosque-survey-violence-in-indias-sambhal&ved=2ahUKEwiSj4LNt4-KAxWmI0QIHRqiHk0QFnoECBQQAQ&usg=AOvVaw14ceAH49lvYKzo5Dp91NYM
The act of blocking the political party leaders including Rahul Gandhi, the leader of opposition in the Loksabha, the Samajvadi Party and Muslim League leaders from visiting Sambhal where 6 Muslim youth were shot dead by the UP police is a gross violation of the Constitutional right of the politicians, journalists and others under Article 19(1)(d) of the Constitution of India, which entitles all citizens to move freely throughout the territory of India. No doubt Article 19(5) says that this right can be restricted in the general
public interest, but one cannot see how ascertaining facts and meeting relatives of the victims adversely affects the general public interest.
Citizens have the right to protest against injustice and matters adversely affecting them. The authorities have no right to suppress such protests using power and force, shooting the protesters, like in Jalianwala Bagh in Amritsar in 1919, or in the Bloody Sunday in Russia in January 1905
The opposition party leaders were going to Sambhal to ascertain facts and visit the bereaved families of the youths murdered by the police, and to provide them solace. Preventing them from this humanitarian act is undemocratic, and not befitting a civilised society, nor does it adversely affect the public interest.
Apparently the UP government does not want the world to know the facts about the tragic death of 6 Muslim youth in the police firing during their protest against the survey of Sambhal Jama Masjid in UP. They want to cover up their high handedness, and want people to believe what the government says. That is why they prevent political party leaders and journalists from visiting the spot of the tragedy. It was the same in the Hathras gangrape case and the Batla ‘encounter’ as well.
The UP government is trying to put the blame for the death on the protesters. The police have, since the tragedy, been spreading the false propaganda that the protesters were carrying country-made guns, and now they propagate the fake story of ‘Pakistan-made’ bullets being recovered from the spot. They fail to tell the people why those protesters allegedly carrying country-made rifles with ‘Pakistan-made’ bullets fired at the protesters themselves, and not at the police, and why no policeman was wounded in the firing by the protesters allegedly with country made guns and rifles.
The UP government is trying to cover up the facts and protect the guilty of the murder of six Muslim youths protesting against gross injustice by the BJP government, which is hand in glove with the largely dishonest Indian judiciary and police.
This is the truth of the sham ‘democracy’ and ‘secularism’ prevailing in India
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The Places of Worship (Special Provisions) Act, 1991, includes specific exemptions under Section 4(3). This section states that the Act does not apply to:
1. Any place of worship covered under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or any other law protecting historical or archaeological sites.
2. Any legal proceeding that was pending at the time of the Act’s commencement.
3. The Babri Masjid–Ram Janmabhoomi dispute, which was explicitly excluded from the Act’s purview.
These exemptions are significant because they allow for the preservation, study, and documentation of the historical and archaeological significance of protected sites, even if such investigations involve questions about the site’s religious origins.
The Jama Masjid in Sambhal falls under these exemptions as it was declared an ASI-protected monument in 1920. As per Section 4(3)(a) of the 1991 Act, the restrictions on altering the religious character of places of worship do not apply to sites governed by the 1958 Act. This exemption legally permits surveys and investigations into the mosque’s historical character, as seen in the recent court-ordered survey.
Despite these clear legal provisions, some individuals and media outlets fail to acknowledge these exemptions, often omitting critical details. Such omissions distort public understanding and suggest an agenda-driven attempt to misrepresent legal realities. This selective narrative ignores the nuanced legal framework and risks exacerbating communal tensions. Quoting the exact provisions of the Act exposes the inaccuracy of such claims and emphasizes the need for objective, fact-based discourse.
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