Hindu Mahasabha questions SC order of land for mosque

Akhil Bharat Hindu Mahasabha on Monday filed a review petition in the Supreme Court, questioning the November 9 judgement in the Ayodhya case, particularly the direction to grant five-acre of land to Sunni Central Waqf Board, as it would create “misconception in the mind of general public” and may “create further complications in future”.

After a batch of review petitions on behalf of the Muslims side, this is the first such plea from the Hindus side filed by advocate Vishnu Shankar Jain.

The organisation claimed that the finding declaring disputed structure as mosque by the five-judge Constitution bench was liable to be deleted as there was no evidence, or material or legal basis for it.

“The concept of secularism cannot be applied when two parties are litigating for establishing their religious rights. The observations relating to secularism vis-a-vis with reference to this case was liable to be withdrawn,” it said in the 59-page petition.

The organisation, which was a party in the suit, contended the order directing to allot land to Muslims was beyond the scope of Article 142 of the Constitution as no party had claimed for such a relief and there was no ground or basis for giving such land by the Uttar Pradesh government.

In fact, Muslims have no right or title over the disputed structure and as such the five acres land cannot be allotted to them, it said.

“A mosque can be constructed on the land, dedicated to almighty and for which waqf has been created. No mosque can be constructed on the land on which state is the owner. Any construction on government land will also be against the principles of secularism and part-III of the Constitution,” it said.

After 1856-57, the Muslims started prayers in the inner courtyard occasionally or on Fridays, this will not alter the position and they cannot be given benefit for such illegal act.

Their action is in gross violation of the principles of secularism as they tried to usurp on sacred land and the place of worship of Hindus, it added.

“Those who trampled the religious place of Hindus cannot be given prize for such illegal action on the ground that Hindus have committed some wrong in 1934, 1949 and in 1992,” it said.