New Delhi:

The Delhi High Court has refused to quash an FIR registered against a DU professor for his alleged objectionable social media post on the presence of a ‘shiva linga’ in Varanasi’s Gyanvapi Mosque.

Justice Chandra Dhari Singh dismissed the petition by Dr Ratan Lal, seeking to quash the FIR registered in May 2022 under sections Sections 153A and 295A of the Indian Penal Code and said, prima facie, the petitioner created disturbance in the harmony of the society and post was made with the intention to hurt the sentiments of a large number of the society.

The judge, who noted the etymology and belief associated with ‘Shiva Linga’ in the judgement passed on December 17, emphasised that no person, being a professor or an intellectual, has the right to make “such type of comments, tweets or posts” as the freedom of speech and expression was not absolute.

The act and remarks made by the petitioner, Justice Singh opined, were contrary to the beliefs and customs followed and practised by the worshippers and believers of ‘Lord Shiva/Shiva Linga’.

“Whatever content was posted by the petitioner not only hurts the religious sentiments of the complainant but also promotes hatred, enmity and communal tensions among two different communities. Moreover, the act of the petitioner by making repeated comments, even after registration of the FIR further shows the deliberate and criminal act of the petitioner which definitely attracts the applicability of Sections 153A and 295A of the IPC,” the court stated. “Accordingly, the instant petition stands dismissed,” it ordered. The court further said that as a historian and educator, the petitioner owed a greater responsibility to the society at large as he was a role model for the ordinary masses.

It stated that the petitioner should be “more conscious” as his statements carry weight and power to influence others.

The court also opined that merely stating that no unrest or disharmony happened in the society was not a ground for quashing an FIR registered.

“Mere nonoccurrence of unrest in the society does not negate the criminality of the petitioner’s act as the said act of the petitioner was done with the intent, foresight and possibility of creating disturbance and disharmony in the society, thereby, causing unrest,” the court said. The FIR was registered against the petitioner after a complaint was made against him to the police.

The petitioner was arrested in relation to the FIR on May 20, 2022 and was granted regular bail by a court the next day.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Over 30 years since the demolition of the Babri Masjid in Ayodhya, another mosque in Uttar Pradesh finds itself at the epicentre of a contentious debate. A court-ordered survey of the 16th-century Jama Masjid, a Mughal-era mosque, in Moradabad’s Sambhal, led to multiple deaths, arrests and a riot that brought the city to a grinding halt.

The Jama Masjid in Sambhal was built during the reign of the first Mughal emperor, Babur, between 1526 and 1530, and was one of the three major mosques constructed during his brief but impactful rule. The other two are the mosque at Panipat and the now-demolished Babri Masjid in Ayodhya.

According to historical reports, the mosque’s construction was supervised by Hindu Beg Qucin, one of Babur’s trusted lieutenants, in December 1526. Its architectural style mirrors the era’s evolving Mughal design, featuring a large square hall with a central dome. Persian inscriptions within the mosque confirm its Mughal origins, though some historians claim remnants of pre-existing Hindu temples were integrated into its construction.

Sambhal itself holds religious significance for Hindus, as the purported birthplace of Kalki, the tenth and final avatar of Vishnu. According to Hindu scriptures, Kalki is destined to appear in Sambhal to end the Kalyug (age of darkness). Earlier this year, Prime Minister Narendra Modi laid the foundation stone of the grand Kalki Dham, calling for “Ram Rashtra” and claiming that “Kalki’s avatar will determine the course of thousands of years.”

Sambhal’s spiritual history – with different faiths overlapping each other in history – forms the crux of the current legal and ideological battle.

The Legal Dispute

The controversy erupted when a petition was filed in Sambhal by advocate Vishnu Shanker Jain and others. Mr Jain, also known for his involvement in the Gyanvapi Mosque and Krishna Janmabhoomi disputes, claimed that the Jama Masjid was built on the ruins of a temple dedicated to Lord Kalki. The petition alleged that the mosque was constructed after the destruction of the temple during Babur’s invasion in 1526-27. The petitioners argue that historical texts such as “Baburnamah” and “Ain-e-Akbari” document the destruction of the temple by Babur.

The plea claims that the temple was built by the Hindu mythological figure Vishwakarma at the beginning of the universe. Babur’s forces allegedly destroyed the temple partially and converted it into a mosque to establish Islamic supremacy. The petition further criticises the Archaeological Survey of India (ASI) for failing to take control of the site, as it is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The petitioners demand unrestricted access to the mosque for Hindus, claiming their right to worship was being unlawfully denied.

The Survey And Its Fallout

In response to the petition, the court ordered a survey of the mosque on November 19, 2024. Advocate Commissioner Ramesh Raghav, along with the district administration and police, carried out the survey the same day. This rapid action drew criticism from several quarters, with claims of judicial overreach and procedural irregularities.

The Muslim community, including the Jama Masjid management committee, strongly opposed the survey. They pointed to the Places of Worship Act, 1991, which prohibits altering the status of any religious site as it existed on August 15, 1947. Ziaur Rehman Barq, the Samajwadi Party MP from Sambhal, condemned the move as an attempt to disrupt communal harmony.

On November 24 tensions boiled over as a second survey was scheduled. Protests erupted near the mosque as hundreds of locals, fearing a repeat of the Babri Masjid demolition, gathered to resist the survey. The demonstrations quickly turned violent, with protesters throwing stones and setting vehicles on fire.

Security personnel responded with tear gas and baton charges to control the mob. Four people were killed, including three men in their 20s. Over 30 police personnel were injured in the clashes.

Several vehicles were torched, and property around the mosque was damaged. Internet services were suspended, prohibitory orders were imposed, and schools were shut for a day to prevent further escalation. The Moradabad Police said that those responsible for the violence would face stringent legal action, including charges under the National Security Act (NSA).

Advocate Vishnu Shanker Jain stated that the ASI must take control of the site to conduct a thorough investigation into its origins. Ziaur Rehman Barq urged the community to remain calm while challenging the survey legally. Former Chief Minister Mayawati criticised the government’s inaction in preventing communal tensions.

Critics argue that allowing such cases undermines the The 1991 Places of Worship Act, which aims to maintain the religious status quo post-Independence.

New Delhi:

The Supreme Court on Friday sought the response from the Gyanvapi mosque committee in Varanasi on a plea filed by the Hindu side for conducting an ASI survey of the sealed area of the mosque where a “shivling” was purportedly found in May, 2022.

A bench of Justices Surya Kant and Ujjal Bhuyan issued notice to the Committee of Management Anjuman Intezamia Masajid and sought its reply within two weeks on a plea filed by the Hindu side.

On May 16, 2022, during a court-ordered survey of the Gyanvapi premises adjacent to the Kashi Vishwanath temple in Varanasi, a structure found in the wazukhana (ablution pond) area was claimed to be a “shivling” by the Hindu side whereas the Muslim party claimed it to be a “fountain”.

Senior advocate Shyam Divan, along with advocate Vishnu Shankar Jain, representing the Hindu side, said they had filed an application to consolidate all the suits and transfer it from the Varanasi district court to the Allahabad High Court.

Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before the bench the appeal filed by the Masjid committee questioning the maintainability of the suits as barred by the Places of Worship (Special Provisions) Act 1991 should be heard on an urgent basis.

After hearing both the sides, the bench agreed to post all the matters together on December 17.

The top court on August 4, 2023, refused to stay the Allahabad High Court order allowing the ASI to conduct a scientific survey at the Gyanvapi mosque complex to determine if the 17th century structure was built upon a pre-existing temple, notwithstanding the assertion by the Muslim side that the exercise will “reopen wounds of the past”.

The apex court, however, asked the Archaeological Survey of India (ASI) not to take recourse to any invasive act during the survey.

It then said the evidentiary value of the scientific survey of the ASI was open to be tested in the lawsuit and was open to objections, including cross-examination.

The Varanasi district court on July 21, 2023 directed the ASI to conduct a “detailed scientific survey” — including excavations, wherever necessary — to determine if the Gyanvapi mosque located next to the Kashi Vishwanath temple was built upon a temple.

The mosque’s wazukhana, where a structure claimed by the Hindu party to be a “shivling” exists, will not be part of the survey following an earlier Supreme Court order protecting the spot in the complex.

The Hindu party claims a temple existed at the site which was demolished in the 17th century on the orders of Mughal emperor Aurangzeb.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Bokaro, Jharkhand:

Underscoring the BJPs pledge to push for resolution of the Gyanvapi and the Krishna Janmabhoomi cases, Assam Chief Minister Himanta Biswa Sarma on Wednesday said if his party fulfils its campaign pitch of ‘ab ki baar, 400 paar’ (400-plus seats) in the ongoing Lok Sabha polls, it will construct temples at the birthplace of Lord Krishna in Mathura and the mosque in Varanasi.

Addressing a public meeting in Jharkhand’s Bokaro in favour of BJP candidate Dhullo Mahto on Wednesday, the Assam CM listed the accomplishments of the party when it won 300-plus seats in the 2019 Lok Sabha elections.

“After securing 300 seats (in 2019), Prime Minister Narendra Modi ensured that the Ram Mandir came up in Ayodhya, winning the hearts of Hindus. We freed Ram Lalla from the makeshift tent and helped him return to take his throne. We organised a grand ‘Pran Pratishtha’ of Ram Lalla in Ayodhya. When you gave us 300 seats, PM Modi abrogated Article 370 in Jammu and Kashmir, in a move aimed at restoration of peace in the erstwhile state. He also used the mandate to provide permanent Indian residency or citizenship to minority Hindus (from Muslim-majority Pakistan, Afghanistan and Bangladesh through the CAA),” Mr Sarma said.

Urging people to vote the BJP-led NDA back to power at the Centre on June 4, the Assam CM said, “Give 400 seats to Modi-ji, we will raise temples at the birthplace of Lord Krishna in Mathura and the Gyanvapi mosque in Kashi (Varanasi).”

“Our work is still incomplete. Still today, at Krishna Janambhoomi, there is a Shahi Eidgah. In place of a Gyanvapi Mandir, there is a Gyanvapi Masjid. Modi-ji ko 400 seat dijiye, hame Krishna ka janabhoomi bhi banana hai aur Gyanvapi Mandir bhi banana hai (give 400 seats to PM Modi as we have to accomplish our unfinished tasks of building temples at Krishna Janmabhoomi and at the Gyanvapi mosque.”

Invoking Pakistan-occupied Jammu and Kashmir, the Assam CM said, “There are two parts of Kashmir, one that is with Pakistan and the other one that is with India. Give Modi-ji 400 seats and see how we bring Pakistan-occupied Jammu and Kashmir back to India. He will also make India a ‘Vishwaguru’ and the world’s best economy.”
Taking a jibe at the Congress, JMM, and INDIA bloc, Mr Sarma claimed that the Opposition doesn’t have any problem with Prime Minister Narendra Modi returning to office for a third term but they cannot see the NDA winning 400 seats. “The Congress, JMM, and INDIA bloc ask us why PM Modi wants 400 seats. They don’t have any problem if we get 300 seats, and they don’t have any problem if Narendra Modi becomes PM again. Their problem is why Modi-ji wants 400 seats. All they want is to ensure that PM Modi doesn’t get 400 seats.”

Mr Sarma also took a dig at the JMM, claiming that the Opposition-ruled Jharkhand was in a mess. “The JMM leaders, while holding rallies and addressing the people, seldom chant ‘Jai Shree Ram’.
They say ‘Assalam Walekum.’ In India, you cannot practise the politics of insulting the Hindus,” Mr Sarma said.

The Assam CM also spoke at length about the benefits the people of Jharkhand received derived under PM Modi, saying, “Modi-ji has always worked for the upliftment of the poor in Jharkhand. After becoming PM, he constructed 16 lakh houses under the Pradhan Mantri Awaas Yojana, he provided free health treatment to 1 crore people through the Pradhan Mantri Ayushman Bharat, gave domestic cylinders to 37 lakh women under Ujjwala and tap water connections to 21 lakh families. And, mind you, all this work was done despite there being a single-engine government in the state. Once a double-engine government is formed here, the work will be doubled and tripled and our Jharkhand will also become a developed state.”

Speaking to reporters after addressing the rally, the Assam CM took a swipe at Congress leader Rahul Gandhi, saying, “I want to ask Rahul Gandhi: how many backward, tribal and Dalit people were made industrialists by Jawaharlal Nehru, Indira Gandhi and Rajiv Gandhi? Narendra Modi made an Adivasi the country’s President.”

“I wish to tell Rahul Gandhi: just saying that he is not against the Hindus won’t work. He will have to become a Hindu lover as India is a Hindu civilisation… For 5000 years, the Hindus have nurtured and built India,” he added.

Mr Sarma targeted Congress for not obeying the Constitution, saying, “What is the need to change the Constitution? The Congress never followed what BR Ambedkar wrote in our Constitution. Once we come back with 400 seats, PM Modi will ensure full compliance with what is enshrined in the Constitution.”

Claiming that inflation was lowest in BJP-ruled states, he added, “In BJP-ruled states, the cost of petrol-diesel is the lowest. Today, in BJP-ruled states, inflation is the lowest. We also have the maximum number of welfare schemes. Our mothers get Rs 1200 monthly, and the government employees get 50 per cent DA.”

Notably, the JMM is part of the INDIA bloc and is contesting elections in alliance with the Congress in Jharkhand and Odisha. Bokaro will go to the polls in the sixth phase of the Lok Sabha elections on May 25.

In 2019, the BJP-led National Democratic Alliance (NDA) won 12 seats in Jharkhand, with the former alone winning 11. The Jharkhand Mukti Morcha (JMM) and Congress got one seat each.

The general elections are being held in seven phases and the counting is scheduled for June 4.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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