Once a mosque, always a mosque, SC told

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New Delhi : The Supreme Court was on Friday told that a mosque will remain a place of worship even after it has been desecrated and destroyed through a “barbaric act.”

“A mosque will remain a place of worship even after it has been destroyed,” senior counsel Rajeev Dhavan told the bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice S. Abdul Nazeer, hearing a batch of cross petitions challenging a 2010 Allahabad High Court verdict on the Ayodhya title suit.

“It is quite a different matter to say that an area has been acquired and quite another to say mosque is not a mosque forever,” Dhavan said.

Dhavan appeared for the main petitioner, Mohammad Siddiqui, now being represented by legal heirs.

The bench is hearing arguments on the plea to revisit 1994 top court judgment which had said that the mosque was not was not an essential part of Islamic religious practice and that namaz could be offered anywhere, even in open places.

Describing the December 6, 1992 demolition of the Babri Masjid as a “barbaric act”, Dhavan said: “What was desecrated was a mosque and what court is being asked to is to protect the idols (of Ram Lalla).”

Telling the court that the government can acquire the place of worship, Dhavan said: “It is abundantly clear that a mosque should be treated as equal any temple” and “Ramjanmabhoomiu is equal to mosque”.

Referring to “two powerful Rath Yatras” led by senior BJP leader L.K. Advani, Dhavan told the bench that “there was strident, calculated and deliberate attempt to destroy Babri Masjid”.

Senior counsel K. Parasaran, appearing on the other side, said that the 1994 top court observation that a mosque was not an essential part of Islamic religious practice and namaz could be offered anywhere was in the context of acquisition proceedings.

At this, the bench said that if it decides to revisit the 1994 judgment, then it would be on the principle whether mosque was an integral part of Islamic religious practice.

In the last hearing of the matter on March 14, Dhavan had told the court that if the positrion in the 1994 judgement was to accepted then except for Makkah, Madinah and Dome of the Rock in Jerusalem, rest of the mosques will be of no consequence to Muslims.

On the next hearing on April 5, Dhavan will address the court on what mosque means to Islam.

—IANS

5 COMMENTS

  1. A Musjid ( nee mosque) is indeed the heart and foundation and university school of Islaam !

    But the Indian Ulema need to use ijtihaad and Hikmaah in context of doing daawah with love , compassion and creating Hindu-Dalit-Muslim brotherhood by announcing the plan to construct an Islamic -valued Muslim Charitable Hospital on this rightful site for all religions, and probably name it after our beloved late APJ Kalam or Maulana Azad… 2 Muslim Indian luminaries with a beautiful vision of peaceful India.
    This will be a sadaqe jaariyaa of long-lasting daawah by setting the best example advised by the last Prophet Muhammed s.a.w.s.

    • S A H ! What kind of a senseless person you are? Do you think now the things should run in society, courts, history, people,, according to your personal whims and fancies? You pretend yourself as a great thinker, philosopher, reformer, and well-wisher, with such a little brain ?

      • Good try Mr Bhakt troll !

        You and your hate gang will never succeed in our loving fraternity called India or Bharat varsh.

        I am just a humble servant of the Almighty Creator Eishwar-Allah trying to give a well-intentioned suggestion for Justice as well as Hindu-Dalit-Muslim-Christian-Sikh amity.

        Why are you getting angry, the SC decision is still in process Brother..

  2. Masjid is on the land which Allah is made owner of. That is waqf land with a specific purpose of masjid. None has the right to usurp Allah’s right of ownership including S A H. Masjid therefore will remain masjid for ever ever if the usurpers usurp it giving any excuse. Supreme Court will render better service to mankind by deciding if multigod worship is integral to Hinduism and rid mankind of self humiliation of bowing before million s of imaginary object s as God.

  3. 2011 census shows 6 percent Muslim population of total 56,000 total people in Ayodhya, so approximately total 3,500 number of Muslims.
    Many so-called Muslims have usurped crores worth of Waqf land for their families.
    But we cannot use waqf land for much-needed hospitals. Unfortunately common-sense and some vision for Islam is alneeded for ijtihaad.

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