Terming yesterday’s Supreme Court’s order on refusing to stay the Allahabad High Court’s order of conducting ASI survey on Gynavapi mosque, as “surprising and unfortunate,” the All-India Muslim Personal Law Board (AIMPLB) on Saturday said that Muslims of the country are deeply disappointed with the decision of the Apex Court.
It said that the Board and Muslims in the country fear that this order of the SC not refusing to stay the Allahabad High Court’s order of directing to conduct ASI survey may pave the way for a fresh dispute.
“The approval of the judgments by the Supreme Court on the Gyanvapi Mosque survey is surprising and unfortunate. AIMPLB and Muslims of the country are deeply disappointed,” the AIMPLB said.
Its Spokesperson, Dr. SQR Ilyas, said that the decision of the Allahabad High Court was against the law and principle of secularism.
“The Board and Muslims in the country fear that this survey may pave the way for a fresh dispute which could be stopped at this stage by applying the 1991 Act,” Mr Ilyas said.
The AIMPLB further said that it was expected from the SC that it would interfere in the matter, as it is related to giving an opinion contrary to the existing religious character of the religious place especially when the Top Court has already explained the ambit of the Places of Worship Act 1991 in the Babri Masjid Judgment.
When the law on Places of Worship was enacted by the Parliament, it was assured to the whole country that after the Babri Masjid dispute, this law was being brought in to block the way for every new dispute. This law clearly states that it is the law “to prohibit conversion of any place,” it said.
Yesterday, the Top Court refused to stay the Allahabad HC order directing ASI for a survey of Gyanvapi mosque. The Court in its order said that ASI wouldn’t damage the structure as it preserves monuments. It said that ASIs job was to maintain such properties.
Ilyas said that in the previous survey, a Shivling was claimed to have been found at the fountain of the Gyanvapi mosque and Muslims were prevented from performing ablution.
The lower court has repeatedly said that the aim is not to damage the structure of the mosque but to ascertain what lies beneath the mosque. The question that arises is what purpose it will serve.
