What Masjid is to Islam, Supreme Court is to Judiciary

Babri Masjid and Supreme Court

By Arshad Mohsin

Last week was a head-spinning spectacle of SC’s bullying, arrogance and immorality to the point where the Brahmin Chief Justice brazenly demolished all religious beliefs and human values and pushed every civilized Indian to the point where they either capitulate or face aggression. As if legalizing unnatural sex (homosexuality) by declaring Section 377 of the Indian Penal Code unconstitutional and constitutionalizing adultery by striking down Section 497 of the Indian Penal Code (IPC) was not enough that the not so honorable SC went on another onslaught targeting Islam.


For the supreme court of India its seems Muslims are lost cause and the govt. must move on with its Hindutva agenda. The SC, it is argued, possesses neither the competence nor the legitimacy to decide what constitutes an “essential practice”; it is not, after all, “the Supreme Court of Hindutva”  These criticisms are powerful ones, but in this article, I want to ask a different question. The Constitution does not mention the term “essential religious practice”: it grants protection to the right to practice, profess and propagate one’s religion, not just to engage in the “essential practices” of religion. So where does this concept of “essential / integral part / practice of a religion” comes from?

Essential practices in Islam are those that are enjoined upon in the holy Quran and are accepted by the faithful as a matter of duty and a method of achieving their spiritual upliftment and the fact that such a practice was recently challenged by a dung-headed politician Subramanian Swamy cannot make it any less essential a matter of religion”.

The dissenting Justice S Abdul Nazeer aptly highlights the lack of uniformity, much less clarity, in the mind of the court itself as to what it considers to be an essential religious practice. Does it suit the Supreme Court of India to use such a half-baked, whimsical doctrine as the basis for deciding precious fundamental rights issues of 200 million Indian Muslim citizens?

Can you my dear Supreme Court dare to question whether

1.For Brahmins Janeu daharan is essential/ integral part of Hinduism or not?

2.Idol worshiping is essential/ integral to Hinduism or not ?

3.Demolition of Babri Masjid was essential for the Supreme Court to entertain the case of Ayodhya Temple construction or not ?

4.Public Nudity is essential/integral to Jainism or not ?

5.Filmi songs & loud music is essential/ integral to Hindu Idol immersion or not?

6.The post of secretary/President is essential/integral to a Masjid or not ?

There are thousands of legitimate questions that your lordship can’t answer. The wording of Article 25 responds to your concern. Unlike Article 19, where the main Article lists out the fundamental freedoms (Article 19(1)), followed by the scope of reasonable restrictions (Articles 19(2) – 19(6)), Article 25 starts off with limitations: “Subject to public order, morality and health, and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”

Yes , the Constitution did use the phrase “essentially religious” in the sense that Ambedkar had used it. But the Supreme Court in Modi government is bent on making a key shift in the phrase itself: the word “essential” has gone from qualifying the nature of the practice (i.e., whether it is religious or secular), to qualifying its importance (within the religion) – i.e., from whether something is essentially religious to whether it is essential to the religion. It is a tactical grammatical shift, but with significant consequences, because it allows the Court to define questions that are internal to religion in a judicial enquiry, and thereby define the nature of the religion itself.

The very questions raised by the Supreme Court are violative of the constitution of India and against the fundamental rights of its citizens. The fact that a right as important and sensitive as the fundamental right to freedom of religion is being treated by the Apex Court with such an insouciant attitude, is both disappointing and dangerous, and is nothing but a precursor to the tyrannical rule of injustice that the ruling dispensation of BJP wants to impose in the name of Hindutva.

The most disturbing thing however is that despite a massive public uproar by the Muslim community all across the country Modi administration and its subservient judiciary cares a damn.

If India has turned from an inclusive democracy into an autocracy where even the most essential elements of faith are subject to the whim and fancy of some ignorant fools then we are on the verge of a catastrophe. Because Islam however small or powerless it may appear, is still too big for the Hindutva brigade, however economically overwhelming or militarily dominant, to overpower.


(The author is a Kuwait based Indian writer, he can be contacted at  Email : wichars2012@gmail.com.)



  1. Alhamdulillah, my heart is full of gratitude towards Allah that He creates such people who can, despite all odds, speak up against a constitutional idol i.e. Supreme court of India which in recent times has increased so much in arrogance and defiance to Almighty that it is hell bent to destroy anything in His name. It’s very unfortunate that secular soldiers among Ulemas and Tahriki leaders could not gather enough courage to break this Taghuti court idols. Nonetheless, the writer and the publisher will be amply rewarded for their knowledge, courage and boldness.
    Excellent piece of writing. A rare among Muslim intellectuals and writers these days.

    • Assalam O alaikum brother,
      Jazak Allah khair for the immense support and words of strength and unity. We are ready to defend our masajid at all cost in sha Allah Please spread the words.

    • Assalam O alaikum brother,
      Jazak Allah khair for the immense support and words of strength and unity. We are ready to defend our masajid at all cost in sha Allah Please spread the words.

  2. 🛐Quran:2:114: And who are more unjust than those who prevent the name of Allah from being mentioned in His 🛐mosques and strive toward their #destruction. It is not for them to enter them except in fear. For them in this world is #disgrace, and they will have in the Hereafter a great #punishment.

  3. 🛐Masjid House of Allah to be maintained n protected is a issue of #JihadFisabililah peaceful struggle for sake of Allah for true believer Muslims as it clearly mentioned in holy Quran

    ♏️Mosque is referred to in verse (9:18) of chapter (9) sūrat l-

  4. So true… and appealing…and bothersome in the light of current events… I am glad we still have people like you among us… We definetely need a leader of your caliber and truthfull..

  5. So true… and appealing…and bothersome in the light of current events… I am glad we still have people like you among us… We definetely need a leader of your caliber and truthfull..

  6. Very true…!
    That is height of judicial overreach. Actually this is a precursor to what is going to come next.
    Offer Namaz at home & demolition of all mosques as they are none essential
    Next shave beards, no hijab, circumcision, no sacrifice of animals, no eidgah, no निकाह,….

    Half the job is done much before the declaration of Ram राज्य. The संघ परिवार will continue to show to world that we are a secular inclusive democracy. Homework for such a facade has already been started.

    It is high time we started some real hard work towards bringing Hindus into the fold of Islam….. else it would be too late.

  7. The solution of ‘2 + 2’ is the same everywhere. Which is the official truth? Otherwise, it is done through personal opinion or force. Such is the opinion of the SC about the mosque. It could affect the opinion that it is not an institutional opinion. Every religion has an institutional form. The mosque of Islam religion, such as the temple of Hinduism So it is dangerous to deny them. When the peace of the country is in good condition then this announcement?

  8. İslamophobia is a disease that has engulfed the entire right wing fascists around the globe. They are doing everyyhing to humiliate muslims and physically harm then in the streets through violence and organised lynching. İn india they are legalising this crime against muslims through the so called secular supreme court. İt’s more dangerous than a formal battle. İndian Muslims need to rise in defiance and unitedly reject the injustice.

  9. Despite being SOUL pollution, idols worship is not an integral part of Hinduism.
    Carrying various gods in a procession chanting and beating drums with huge crowds creating pubic nuisance, blocking emergency help to the general public is not integral to Hinduism.
    Polluting waters of all India fulfilling meaningless rituals is not integral to Hinduism.
    Beating drums, blaring DJs, playing music and shouting slogans and causing huge sounds pollution is not integral to Hinduism.
    Burning tons of wood to creamate dead bodies, use fire crackers, burning Holi woods etc causing huge Air pollution is not integral to Hinduism.
    It is high time some batteries of muslim and secular advocates and legal wizards come together and file a case to ban all this nonsense that goes in the name of Hinduism.
    In fact nothing is integral to Hinduism that is practised in its name.
    Even not eating beef and not killing cows and bullocks is not integral to Hinduism.


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