The remark was made by Justice DY Chandrachud during the hearing of the Gyanvapi-Kashi Vishwanath case.
“Ascertainment of religious character is not barred under Section 3 of the 1991 Act. Suppose there is a Parsi temple and there is a cross in the corner of the area. Does the presence of Agyari make the cross Agyari or Agyari Christian? This hybrid character is not unknown,” he remarked.
However, Senior Counsel Huzefa Ahmadi, who was appearing for the Muslim party, contested the same.
“The religious character of the (Gyanvapi) Mosque as on August 15, 1947 is not in dispute,” he said.
“It is strongly in dispute,” the lawyer for Hindu parties retorted.
“You may think so. If this is entertained, then the 1991 Act may be only a dead letter. This is the controversy the Act wanted to avoid,” Ahmadi countered.
Source: Barandbench
