Srinagar
In a bid to gain control over almost all religious places especially mosques in India, a Hindu organisation has moved the Supreme Court to challenge a provision of a 1991 law that maintains the religious character of holy structures as they existed on August 15, 1947, before Partition.
The petition has been filed by Mahasangh seeking directions from the top Indian court to declare Section 4 of the 1991 Act as ultra vires, meaning beyond its legal power or authority, and unconstitutional. At present, the law does not allow the conversion of a temple into a mosque and vice versa.
The plea contended that the Act had barred the right and remedy against encroachment made on religious property of what, it claimed Hindus, by exercise of power by followers of another faith [Muslims]. ‘The result is that Hindu devotees cannot raise their grievance by instituting any suit in a civil court or invoke the jurisdiction of the High Court under Article 226 of the Constitution against high-handedness and will not be able to restore back the religious character of Hindu endowments, temples, mutts etc from hoodlums if they had encroached upon such property before August 15, 1947 and such illegal and barbarian act will continue in perpetuity,’ said the petition.
In view of great influence on the top judiciary by the Modi-led Indian government, the petitioners urged the Supreme Court to declare Section 4 of Act of 1991 as ultra vires to Article 14, 15(1), 25 and 26 of the Constitution and consequently void.
It is worth mentioning here that the top Indian court on November 9, last year, in a unanimous 5-0 verdict had backed the construction of Ram temple at the site of Babri Masjid in Ayodhya.—KMS
