The present application seeking impleadment in the Gyanvapi case, has stated that only those places of worship should be protected, which were erected or constructed in accordance with personal law of the person erected/constructed them, but places erected or constructed in derogation of the personal law, cannot be termed as a ‘place of worship’.
However, the 1991 Act kept a cut-off date of August 1947 to legalize the illegal acts of barbaric invaders, it was submitted.
“It is submitted that Hindus Jains Buddhists Sikhs have right to profess, practice propagate religion as provided in their religious scriptures and Article 13 prohibits from making law which takes away their rights. Moreover, the status of mosque can be given only to such structures which have been constructed according to tenets of Islam and mosques constructed against the provisions contained in Islamic law cannot be termed as Mosque,” the application said.
Muslims cannot assert any right in respect of any piece of land claiming to be mosque unless it has been constructed on legally owned and occupied virgin land, the plea added.
The plea also said that a temple’s religious character does not change after the demolition of roof, walls, pillars, foundation and even offering Namaz.
“The mosque constructed at temple land cannot be a mosque, not only for the reason that such construction is against Islamic law, but also on grounds that the property once vested in the deity continues to be deity’s property and right of deity and devotees are never lost, howsoever long illegal encroachment continues on such property,” it was submitted.
Source: Barandbench
