Suits Against Mosques & Dargahs Creating Communal Disharmony, Places Of Worship Must Be Applied : Justice Nariman

Former Supreme Court judge Justice RF Nariman on Thursday (December 5) stressed the importance of enforcing the Places of Worship (Special Provisions) Act 1991 to counter the various suits which are being filed against mosques and dargahs in the country, creating communal tension and disharmony.

Justice Nariman expressed concerns at various such suits popping up like "hydra-heads" in different parts of the country. He pointed out that the Supreme Court in the Babri Masjid-Ayodhya Temple case had specifically upheld the Places of Worship Act and declared it to be a fulfilment of secularism, a basic feature of the Constitution.

Justice Nariman said that the five pages of the Ayodhya judgment, which upheld the Places of Worship Act, must be read before the District Judges and High Court judges, as it was the law laid down by the Supreme Court, which is binding on them. He was speaking at the lecture organised by Ahmadi Foundation on the topic "Secularism and the Indian Constitution."

Towards the end of the lecture, after discussing the Constitutional provisions dealing with secularism and freedom of religion, Justice Nariman dissected the Babri Masjid judgment. Criticising the reasoning adopted by the Court in allowing the construction of the temple at the site where the mosque was demolished, Justice Nariman said that a "great travesty of justice" which happened in the case was that "secularism was not given its due".

At the same time, Justice Nariman said that the judgment had a "silver lining" as it upheld the Places of Worship Act. In this context, he referred to the recent litigations disputing the character of mosques and dargahs of the medieval era, without specifically naming any.

"We find today, like hydra-heads popping up all over the country, there is suit after suit filed all over the place, not only concerning mosques, but also dargahs. And according to me, the only way of countering this - because all this can lead to communal tension and disharmony, contrary to what is envisaged both in our Constitution and the Places of Worship Act- the only way to scotch all this and cauterise all these hydra-heads is by applying these five pages in the (Babri) judgment(which upheld the Places of Worship Act) and having it read out before each District Court and High Court because these five pages are a declaration of law by the Supreme Court which is binding on them. Once it is done, it is clear that the Places of Worship Act will take its due course... If the Act were to be applied as stated in this judgment itself, it will easily cauterise all these hydra-heads which are popping up one after the other."

Justice Nariman ended his lecture by quoting Justice O Chinnappa Reddy's words in the Bijoe Emmanuel case -"Our tradition teaches tolerance; our philosophy preaches tolerance; our constitution practices tolerance; let us not dilute it."

Ahmadi Foundation is formed in memory of former Chief Justice of India AM Ahmadi, who passed away in March 2023. The event also witnessed the launch of his biography "The Fearless Judge" written by Insiyah Vahanvaty.

The lecture can be watched here.

Live updates from the lecture can be read here.

Also Read - Sambhal Case Reminder That Courts Must Enforce Places Of Worship Act In Letter & Spirit To Preserve Social Fabric

Beyond Gyanvapi, Mathura & Sambhal : A Look At Cases Pending Against Masjids/Dargahs