On Thursday (28th November), the All India Muslim Personal Law Board (AIMPLB) fired off a letter to the Supreme Court of India, asking it to direct lower courts in India not to hear petitions on mosques.
The development comes amid the Islamist onslaught in Uttar Pradesh’s Sambhal, following the trial court order to conduct a survey of the Shahi Jama Masjid.
In its letter, AIMPLB sought refuge in the Places of Worship Act of 1991 asked the apex court to not entertain petitions that could expose the true nature of Gyanvapi Mosque, Shahi Eidgah, Bhojshala Mosque, TeeleWali Masjid and Shahi Jama Masjid.
All India Muslim Personal Law Board (AIMPLB) demands Supreme Court to stop lower courts from accepting petitions on claims on mosques and dargahs in various courts across the country. pic.twitter.com/XIwsbCz1Eq
— ANI (@ANI) November 28, 2024
The Islamic body stated, “Dr. Ilyas (national spokesperson) has appealed to the Chief Justice of India to take immediate SuoMotu action in this matter and direct lower courts to refrain from opening doors to any further disputes.”
“Additionally, it is the responsibility of both central and state governments to strictly enforce this law passed by Parliament. Failure to do so could lead to an explosive situation across the country, for which the Supreme Court and the central government would be held accountable,” it warned.
The All India Muslim Personal Law Board essentially suggested that lower courts approving surveys of mosques could result in Muslims rioting, as recently witnessed in Uttar Pradesh’s Sambhal.
However, it is important to note that Muslim mobs have run riots even when High Courts have entertained petitions pertaining to Islamic scriptures. The infamous case of the Calcutta Quran Petition of 1985 is a shining example.
The Calcutta Quran Petition of 1985
An application was filed on March 29, 1985, under Article 226 (power of the High Court to issue some writs) of the Indian Constitution by advocate Chandmal Chopra and one Sital Singh, asking the Calcutta High Court to direct the government to ‘forfeit’ every copy of the ‘Quran’.
The petition argued that every copy of the Quran is ‘liable to be forfeited’ under Code of Criminal Procedure (CrPC) Section 95 (Power to declare certain publications forfeited) when read with Indian Penal Code (IPC) Sections 153A (Promoting enmity between different groups on grounds of religion) and 295A (Deliberate and malicious acts, intended to outrage religious feelings).
It argued that Muslims have been exploiting the laws so far to ban books critical of Islam. Chandmal Chopra and Sital Singh cited direct verses from the Quran, calling for violence against the ‘infidels’.
The matter initially came up before Justice Khastgir J of the Calcutta High Court. Far from dismissing the application, as one would expect today, the learned Judge had entertained the application.
She also issued notice to the contending parties. Communist Party of India (Marxist), Jamait-e-Islami and Kerala Muslim Association of Calcutta were soon up-in-arms. A ‘Quran Defence Committee‘ was set up to strengthen the movement.
The CPIM-led-West Bengal government claimed that the petition was filed with malafide intent and that such a petition has never been filed in Indian history.
The Congress-led-Union government also sided with the Left and opposed the plea. With mounting political pressure, Justice Khastgir dropped it from her list and sent it to the Court of Justice Satish Chandra.
On the advice of state Advocate-General S.K. Acharyya, the matter was transferred to the Bench of Justice Bimal Chandra Basak, who dismissed the petition on May 17, 1985. The Islamist opposition thus ensured that the Court could not rule on the tenets of Islam.
Muslim mob ran riots over the Calcutta Quran petition
As narrated by historian Sita Ram Goel in his book (Pages 26-27), Muslim mobs ran riots in Bangladesh after learning about the Calcutta Quran petition.
Many of them belonged to Jamaat-e-Islami. These extremists set fire to government property and even threw missiles. They also clashed with the police in Chepal Nawabgunj town, prompting the latter to open fire in self-defence.
It resulted in 12 deaths and 100 injuries. A day later, a 20000-strong mob of Jammat-e-Islami carried out violent protests in Dhaka and even tried to ambush the Office of High Commission of India.
In Indian city of Ranchi, Muslims carried out a ‘protest march’ with black flags, banners and hurled anti-government slogans. They also attacked shops with stones and forcibly shut down businesses of small traders.
The fear stoked by them prompted shopkeepers to keep their businesses closed during the following day of protest.
Muslims carried out violence in Jammu and Kashmir’s Srinagar city, ransacked Communist Party of India headquarters, attempted to set a bridge ablaze, forcibly closed schools, cinema halls and shops.
“There could be no greater irony that the Communist Party of India (CPI), a consistent defender of all Islamic causes, had been bracketed with ‘Hindu communalists’ by Muslim mobs. But mobs are mobs, and the responsibility for what they do rests on those who mobilize them ever so often,” Sita Ram Goel noted in his book.
AIMPLB is indicating that Muslim mobs can riot again if courts continue to hear petitions pertaining to surveys about the true character of mosques built atop Hindu temples.
