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After Babri Masjid, Vishwa Hindu Parishad Shifts its Focus on Gyanvapi Mosque in Varanasi

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Hindu Body Moves SC Challenging Provision in 'Place of Worship Act' to Dispute Sites Other Than Ram Janmabhoomi

Hindu body has moved the Supreme Court challenging a provision of a 1991 law that provides for maintaining "religious character" of holy structures as it existed on August 15, 1947, in a bid to open the litigation route to reclaim disputed religious sites other than the Ram Janmabhoomi in Ayodhya.

The petition, which has challenged Section 4 of the Places of Worship (Special Provisions) Act, 1991, assumes significance in the case of Kashi and Mathura where two disputed mosques stand.



The law also prohibits the conversion of any temple into a mosque and vice versa.

The apex court on November 9 last year in a unanimous 5-0 verdict had backed the construction of a Ram temple by a trust at the disputed site in Ayodhya where the demolished Babri Masjid once stood, and had ruled that an alternative five-acre plot must be found for a mosque in the Hindu holy town.

The five-judge bench, headed by then Chief Justice of India Ranjan Gogoi, had dealt with the 1991 Act and had said that the law is a legislative instrument designed to protect the secular features of Indian polity, which is one of the basic features of the Constitution.

The PIL filed by 'Vishwa Bhadra Pujari Purohit Mahasangh' has sought directions to declare Section 4 of the 1991 Act as ultra vires, meaning beyond its legal power or authority, and unconstitutional.

The plea said the remarks were mere observations without any judicial force as the Act was not under challenge during the proceedings.

"The impugned Act has barred the right and remedy against encroachment made on religious property of Hindus exercising might of power by followers of another faith," it said.

The result is that Hindu devotees cannot raise their grievance by instituting any suit in civil court or invoking the jurisdiction of high court under Article 226 of the Constitution of India against high handiness of ultras and will not be able to restore back the religious character of Hindu endowments, temples, mutts etc from hoodlums if they had encroached upon such property before August 15, 1947 and such illegal and barbarian act will continue in perpetuity, the plea said.

The parliament by making an impugned provision has without resolution of dispute, through process of court, abated the suit and proceedings, which is perse unconstitutional and beyond its law making power, it said.

The impugned provision cannot be implemented with retrospective effect and the remedy of resolution of dispute pending, arisen or arising cannot be barred by parliament, the plea said.

Parliament cannot close the doors for aggrieved persons and cannot take away the power of the courts of first instance, appellate court and the power of constitutional courts conferred under Article 226 and 32 of the Constitution of India, it said.

The parliament also cannot restrain Hindu devotees from getting back their religious places of worship through the judicial process, the plea said.

It cannot make any law which takes away or abridges the vested religious right of devotees and cannot make any law with retrospective effect, it said.

The plea, filed by the Hindu body and some priests, said devotees have the fundamental right under Article 25 of the Constitution of India to worship the deity.

The parliament cannot restrain Hindu devotees to get back their religious places of worship through judicial process and cannot make any law which takes away or abridges the vested religious right of devotees and cannot make any law with retrospective effect," it said.

The parliament has transgressed its legislative power in barring remedy of judicial review which is basic feature of the Constitution, the plea claimed.

The Hindu body has also sought a direction for restoration of all proceedings which have abated by operation of Section 4 of the Act.
https://www.news18.com/news/india/h...sites-other-than-ram-janmabhoomi-2666255.html


 
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What're about the Red Fort and Ju'ma Masjid, the legacies of the Mughal Empire?? I am pretty sure they're also disputed....

By the by, if the Indians need any Fetva to break them, please contact the Grand Mufti of Egypt*..

*He has already declared the entire Istanbul as being under occupation
 
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while world is moving in forward direction india thinking is only limited to building mandirs on mosques such thinking is inconsistent with modern world and indicates that india has no ability to become powerful country like in western world,it would be much better they utilize this money spent in improving infrastructure necessary for industrial growth and supply chain
 
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This will again be a long court case and maybe a decade or two later these sites will be given back to the Hindus with Muslims given alternative land.

On the other hand if Muslims voluntarily give up these sites and get the alternative land it will go a long way to earn the goodwill.

Hindus always said Ayodhya to Jhanki hai, Kashi Mathura baaki hai. These 3 sites were always under conflict. One is resolved, 2 are remaining.

What do you think @xeuss , @jamahir , @AfrazulMandal , @The_Showstopper @ChennaiDude @Shantanu_Left
 
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This will again be a long court case and maybe a decade or two later these sites will be given back to the Hindus with Muslims given alternative land.

On the other hand if Muslims voluntarily give up these sites and get the alternative land it will go a long way to earn the goodwill.

Hindus always said Ayodhya to Jhanki hai, Kashi Mathura baaki hai. These 3 sites were always under conflict. One is resolved, 2 are remaining.

What do you think @xeuss , @jamahir , @AfrazulMandal , @The_Showstopper @ChennaiDude @Shantanu_Left

I agree on the alternative land but why are these type of Hindus so obsessed about these two sites ? Why can't they be Indians and Humans first instead and decide to be productively involved in removing India's various socio-economic problems ?
 
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I agree on the alternative land but why are these type of Hindus so obsessed about these two sites ? Why can't they be Indians and Humans first instead and decide to be productively involved in removing India's various socio-economic problems ?
You can build the school, hospital or university in the alternative land
 
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But those other people, to use your own language, they are being Hindu Indians instead of Indian Hindus.
They don't need to care for BS socialist causes to be an Indian. If they were siding with the enemy against India I would have called them out.

What they are doing is talking about restoring the historical culture of the country. They are very much Indians.
 
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What they are doing is talking about restoring the historical culture of the country.

Then first restore all the Buddhist sites destroyed by Hindu rulers.

They don't need to care for BS socialist causes to be an Indian.

Tell that to the ghost of that dead-by-hunger woman.

If they were siding with the enemy against India I would have called them out.

That is a silly statement. Why will fanatic Hindutva people think of doing peace with the supposed enemy - China and Pakistan ? Those fanatics don't know the P of Peace.
 
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Tell that to the ghost of that dead-by-hunger woman.

You tell her. She communicates with you everyday. I don't care.

That is a silly statement. Why will fanatic Hindutva people think of doing peace with the supposed enemy - China and Pakistan ? Those fanatics don't know the P of Peace.

We will have peace once they stop interfering in our internal affairs and stop supporting terrorist. Till that happens they are our enemies
 
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You tell her. She communicates with you everyday. I don't care.

Yes, you can't be bothered with helping and empathizing with the sufferings of living ( or formerly living ) oppressed people yet you care concerned about placement of non-living idols in temples. How nice of you.

We will have peace once they stop interfering in our internal affairs and stop supporting terrorist. Till that happens they are our enemies

I had linked you to my solution for Kashmir and peace between India and Pakistan. Seems that you did not read it.
 
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I had linked you to my solution for Kashmir and peace between India and Pakistan. Seems that you did not read it.
I read your rant even Pakistanis were laughing at your utopian ideas.

Once you have something grounded in reality come back to me.
 
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You tell her. She communicates with you everyday. I don't care.



We will have peace once they stop interfering in our internal affairs and stop supporting terrorist. Till that happens they are our enemies


Sweet. Triviliazing the death of a poor woman.

India has become a fascictic echo chamber. Bharat Mayya's end is imminent.
 
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