Lucknow: The Chief of Minority Cell of Uttar Pradesh Congress, Shahnawaz Alam has said that survey of Gyanvapi mosque complex was contempt of Supreme Court’s decision in Aslam Bhura case. “On 14 March 1997, the Supreme Court in Mohammad Aslam Bhure Vs Government of India (Writ Petition No. 131/1997) had clarified that there was no scope of any change in the status of Kashi Vishwanath Temple, Gyanvapi Masjid, Krishna Janmabhoomi Temple in Mathura and Shahi Idgah. Referring to its earlier decision (Writ Petition 541/1995), the court had also said that no subordinate court can give directions against this decision. Therefore, the survey conducted by the lower court of Banaras is not only a violation of the Place of Worship Act 1991 but also contempt of the decision of the Supreme Court.”
Shahnawaz Alam further said in a statement, “the manner in which petitions with a particular political orientation are being accepted by the courts for the last few years, it is sending a message that a section of the judiciary is in nexus with the government and is going against the established values of the judiciary. There is a perception that the work which the government is not able to do directly, is being done by a section of the judiciary so that there is no opposition because the social custom of speaking against the courts is not here. Which, in fact, is a colonial trend. Whereas Article 19 (A) of the Constitution along with freedom of expression, Section 5 of the Contempt of Court Act 1971 also gives a logical basis for criticism.”
Citing the example of Gyanvapi, Shahnawaz Alam said that while the Supreme Court expressed anguish over the leak of the report of the alleged survey, but it did not stop the communal rumors being circulated by the media on the basis of that alleged survey. Due to which it is natural to raise doubts on its intention whether it is an attempt to build the so-called public sentiment, on the basis of which it will be declared a temple later.
Shahnawaz Alam said that it is seen that communal elements across the country, encouraged by the attitude of a section of the courts, are spoiling the atmosphere by claiming historic Muslim buildings. Shahnawaz Alam said that instead of being worried about the increasing contempt against the courts, the judiciary should think why this is happening.