A month after the Ayodhya verdict, the Akhil Bharat Hindu Mahasabha on Monday filed a petition seeking review of the Supreme Court’s decision to allocate an alternative five-acre plot to the Muslim side to build a mosque.
According to a report in Bar and Bench, the Hindu Mahasabha, in their petition, stated that allocation of an alternative site to construct a mosque, despite the Muslim parties failing to establish that the “disputed structure” was a mosque, would violate the Constitutional principles of secularism.
“State cannot allot any land to construct a mosque. A mosque can be constructed on the land which is dedicated to almighty and for which waqf has been created. No mosque can be constructed on the land on which State is the owner. The construction of a mosque at the land owned by the Government will also be against the principles of secularism and part-III of the Constitution of India,” the petition read.
In its plea, filed by Advocate Vishnu Shankar Jain and drawn by Advocate Hari Shankar Jain, the Mahasabha also sought the expungement of observations against the Hindus in the judgment.
“There is no material to prove that the ‘disputed structure’ on the Ayodhya plot was a Mosque, as claimed by the Muslim parties. It is urged that references to the same as a ‘mosque’ or as a masjid must be expunged,” it said.
It went on to contend that the secular ethos cannot be one-sided to disfavour the Hindus.
“… the Court while favouring to enforce secular principles must take into consideration the entire historical facts of the country right from 712 till 1947. The Court may also take into consideration the atrocities committed on Hindus in Kashmir in 1990 and the fact that a number of Hindus were made refugees in their own country and a number of temples were demolished by Muslims in free India. The secular ethos cannot be one-sided and Hindus cannot always be put to disadvantageous position,” the petition said.
In a unanimous judgment on November 9, a five-judge Constitution bench of the Supreme Court ruled that the entire disputed land be handed over to a trust to be constituted for construction of a Ram temple and that Muslims be given five acres of either the acquired land near the site or at “a suitable prominent place in Ayodhya” for building a mosque
Six petitions were filed in the Supreme Court on Friday seeking review of its November 9 judgement. While five pleas have been filed by Maulana Mufti Hasbullah, Moulana Mahfoozur Rehman, Mishbahuddin, Mohd Umar and Haji Nahboob, who are all supported by the All India Muslim Personal Law Board (AIMPLB), the sixth one has been filed by Mohammad Ayub.
On December 2, the first plea seeking review of Ayodhya verdict was filed in the apex court by Maulana Syed Ashhad Rashidi, legal heir of original litigant M Siddiq and also the Uttar Pradesh president of the Jamiat Ulama-e-Hind.
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