INDIA

Muslim Leaders express concern over emergence of ‘majoritarian judiciary’

By News Desk

February 04, 2024

Leaders of the Muslim community strongly opposed the recent judgment by the Varanasi court, which allowed Hindu worship in the basement of the Gyanvapi mosque.

Expressing deep disappointment, they raised concerns about potential judicial backsliding against principles of justice, secularism, and constitutional values.

Maulana Khalid Saifullah Rahmani, President of All India Muslim Personal Board, criticized the Varanasi court for allegedly disregarding the pleas of the Muslim community and other religious groups.

He labeled the judgment as “hasty” and accused the court of overlooking evidence, facts, and the Places of Worship Act, 1991, which prohibits the conversion of any place of worship.

Rahmani warned that not upholding the Places of Worship Act could lead to similar episodes triggering communal conflicts.

He expressed concern about the judiciary possibly aligning with the government’s majoritarian agenda.

Syed Arshad Madani, President of Jamiat-Ulama-i-Hind, pointed to the Supreme Court’s verdict on the Babri Masjid site as a precedent that empowered Hindutva forces to claim Muslim places of worship.

He questioned the direction the country was taking and suggested that the British-era tactic of “Divide and Rule” persisted in India.

Malik Mohtasim Khan of Jamaat-e-Islami expressed a loss of faith in the judiciary and administration, highlighting the swift facilitation of Hindu prayers in the Gyanvapi mosque’s cellar after the court order.

He emphasized the need for oppressed individuals to appeal to the courts and criticized the judiciary for not intervening in the Gyanvapi mosque matter.

Despite past appeals for patience and peace, Khan warned that continued injustice might test the Muslim community’s patience, leading to consequences for both the community and the country.

N.A. Farooqui from the All India Muslim Personal Law Board lamented the lack of intervention by higher courts, suggesting that lower court judgments could fundamentally alter the country. He highlighted the perception that the courts were succumbing to the notion of “Might is Right.”

The Muslim leaders’ condemnation of judicial inaction contrasts with their response to the 2019 Supreme Court’s judgment on the Ram Janmabhoomi-Babri Masjid case.

Previously accepting the decision, recent court reversals and aggressive plans to encroach upon mosques have led them to criticize the judiciary for the first time.

In a joint statement, the leaders expressed surprise and disappointment at the Varanasi district judge’s decision.

They questioned the reliance on an allegedly incorrect argument about worship in the Gyanvapi mosque’s basement until 1993 and criticized the administration’s expeditious execution of the court’s order.

The leaders raised concerns about the unilateral disclosure of an Archaeological Survey report by the Hindu side, labeling it an unconfirmed claim causing turmoil in society. They emphasized the need to safeguard the right of the mosque to seek relief from the High Court.

Describing the courts as the “last resort for justice” in a democracy, the Muslim leaders warned of a potential “majoritarian judiciary.”

They appealed to constitutional officials to ensure the impartiality of the judicial system and sought time to communicate their sentiments to the President of India and Chief Justice of India.