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“They want the Muslims to surrender their claim”

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Image courtesy: www.amu.ac.in

[vc_row][vc_column][vc_column_text]Former UP additional advocate general Zafaryab Jilani has been fighting the Babri Masjid case from 1986. He is convener of the Sunni Control Waqf Board and is representing this body and other plaintiffs in this longstanding dispute. In a chat with Rashme Sehgal, he puts forward his views on the case

What do you feel about the latest initiative of the Supreme Court Chief Justice Khehar for an out-of-court settlement to this long pending dispute?

I am not in favour of an out-of-court settlement. From 1986, we have seen several attempts at arriving at negotiated settlements. Many of these initiatives have come from the highest levels but these have failed to resolve the matter.

What is the other side insisting upon? They want the Muslims to surrender their claim. They do not want an out-of-court settlement with us. Rather they want an out-of-court surrender from us. This has been going on for the last 27 years. They want us to give up claim on the title to the Babri Masjid mosque and build the mosque elsewhere across the Saryu river. This is what the BJP spokespersons have been reiterating again and again.

Is relocation such a major problem for the Muslim community?

Our acceptance of this proposal will imply that Muslims have no right to retain their mosques in any part of the country. Today they are demanding this place; tomorrow they will demand another place. Where is the justification for us to agree to move? Are we second class citizens in our own country?

Up to 1941, all court cases accepted the Babri Masjid mosque. In 1941, the Nirmohi Akhara was the only body in existence.

But the BJP claims they are expressing the sentiment, the astha, of crores of Hindus?

The astha is not created in one or two years. This is something which grows over hundreds and thousands of years. Earlier worship started in 1885 in the chabutra located outside the mosque. Then on December 22 1945, the idols were kept under the middle dome of the mosque.

But what led the Babri Masjid Action Committee to reject the verdict of the Allahabad High Court which had asked for a three-way division of the 2.77 acre site? The Allahabad High Court had opined that the land be equally divided between the Sunni Waqf Board, the Nirmohi Akhara and  Ram Lalla represented by the Hindu Mahasabha ?

The judgement was against the law of the land. The verdict accepted two arguments. The verdict proceeded on the premise that Hindus have faith in Rama and that the middle dome is the birthplace of Rama. The other side was not able to muster any other evidence. My question is, is the country ruled by the rule of law or is it ruled by faith?

The Muslim community is not willing to give up their title keeping the sensibilities of the Hindus in mind?

There is no existence of faith in a property dispute. The right to property is equal for all. Faith, on the other hand, is a personal matter. Issues of property are decided by the law of the land. This point of view has been upheld by the Supreme Court also as far back as 1994.

I ask this question only because this case has dragged for years and years?

We are ready to argue our case before the law courts. The lapses have been on the part of the government. By now the government should have moved an application to set up a special court which could hear this basis on a day-to-day basis. The other side has refused to accept a legal notice for the last six years. We finally had to get it published in a newspaper which cost us thousands of rupees. It is for the Supreme Court to act.

But why is it so important for the Muslims to reconstruct the Babri Masjid at the same place where the earlier mosque had been located?

Why don’t you ask the other side the same question?  Why are you repeating the same question to me? Till 1949, there was no issue of a Ram Mandir at the site of the Babri Masjid. There was a chabutra outside the Babri Masjid and the Hindus had worshipped there but this chabutra was built only in 1886.

But with Adityanath Yogi as chief minister of UP and Narendra Modi as prime minister, the BJP can introduce a bill in Parliament and state assembly to construct the Ram temple on the site.

I am reemphasising this—let the law of the land prevail. Even if such a law is passed, it can be nullified by a Supreme Court judgement. If any such law is passed, it is liable to be struck down.

What about the pending cases against BJP leaders including LK Advani and Uma Bharti ?

The cases have been pending for some time now. The judgement should be decisive and given at the earliest.[/vc_column_text][/vc_column][/vc_row]

India News

Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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