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Former CJI DY Chandrachud: The decisions of the lower courts on Sambhal and Ajmer Sharif have now forced many people to think that the allegations against former CJI DY Chandrachud. He is being accused that his decision has opened the doors for surveys and applications for religious places in the country. All India Personal Law Board (AIMPLB) and Samajwadi Party MPs have criticized the decision of a bench headed by Chandrachud allowing survey of Varanasi’s Gyanvapi complex in 2023. SP MPs Zia-ur-Rehman Barak and Mohibullah Nadvi said, ‘Chandrachud’s decision was wrong. This opens the way for other surveys and applications. The Supreme Court should take cognizance of this and ban such surveys.
The Personal Law Board also issued a statement saying that this decision is against the spirit of the ‘Places of Worship Act, 1991’. In the Babri Masjid case, the Supreme Court, citing this Act, had said that the status of the place of worship cannot be changed as per 15 August 1947. But, in the matter of information, the court softened its stance by allowing the survey.
Growing controversy over survey
Following the informed decision, petitions have been filed against the Shahi Idgah in Mathura, the Tile Wali Masjid in Lucknow and now the Jama Masjid in Sambhal as well as a temple in Ajmer Sharif. The Personal Law Board and the opposition say that these surveys may increase communal tension. AIMIM President Asaduddin Owaisi said, ‘According to the 1991 law, the status of a place of worship cannot be changed. So what is the purpose of this survey?’
What did the lawyer of the Hindu side say?
Advocate Vishnu Shankar Jain, representing the Hindu side, said the 1991 Act does not apply to places protected by the ASI. The site of Sambhal is maintained by ASI. Therefore the Places of Worship Act does not apply here. Citing the Ancient Monuments Act of 1950, Jain said, if there is a religious place, the ASI will determine the religious nature of the temple and allow the concerned community to worship there.
Chandrachud’s decision and its impact
August 3, 2023 Supreme Court allows scientific survey by ASI at Gyanvapi complex in Varanasi. In this decision, the court held that section 3 of the 1991 Act does not prohibit access to information about the religious nature of a place of worship, although section 4 prohibits changing its status. However, the Allahabad High Court had allowed the survey at the Shahi Eidgah complex in Mathura in December 2023. In this way, a controversy arose regarding the survey in the banquet halls of Madhya Pradesh.
The opposition, citing RSS chief Mohan Bhagwat’s 2022 statement, said that there is no need to find Shivlinga in every mosque. Congress leader Imran Masood said, ‘The purpose of these surveys is only to increase communal tension.’ Now people’s eyes are on the next hearing and decision of the Supreme Court on this survey and application.