‘Judgment based on aastha’: Asaduddin Owaisi likens Bhojshala verdict to Babri ruling

AIMIM president Asaduddin Owaisi has sharply criticized the Madhya Pradesh High Court’s order declaring the Bhojshala-Kamal Maula mosque complex a temple, drawing parallels with the Supreme Court’s Babri Masjid verdict.

Hyderabad: All India Majlis-e-Ittehadul Muslimeen (AIMIM) President Asaduddin Owaisi said on Friday that Madhya Pradesh High Court order declaring the Bhojshala-Kamal Maula mosque complex as a temple is similar to the Supreme Court judgement in Babri Masjid case.

Terming the judgement of the High Court ‘erroneous’, the Hyderabad MP said the court overlooked several basic facts.

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Owaisi told a press conference on Friday that this court judgement has also been delivered on the basis of ‘aastha’ (belief) like the court ruling in Babri Masjid case.

He said that in the Babri Masjid case, the court had said that Muslims did not have possession but in this case the community were in possession till Friday.

The Hyderabad MP said that in the Bhojshala dispute case, Muslims had been offering namaz for 700 years.

“I am saying this because it is a Waqf by dedication. Erstwhile state of Dhar had given it to Muslims and they had been offering namaz,” he added.

Owaisi recalled that after the Supreme Court judgement in Babri Masjid-Ram Mandir case, he had said it was wrong as the court judgement was delivered on the basis of ‘Aastha’ and that this will open doors for several similar disputes.

He claimed that even the relief given in both the cases are identical.

“We consider this judgment erroneous because the Court ignored the 1935 Dhar State Gazette, 1985 Waqf registration, and also ignored the Places of Worship Act,” the AIMIM Chief said and hoped that the Supreme Court will take all these facts into consideration and deliver justice.

“This judgment is not in accordance with Constitutional values. Even in the Babri Masjid case, the court judgment favoured one religion while ending the right of worship of another. Such judgments have opened the floodgates, and now anyone can challenge the places of worship, weakening the significance of the Places of Worship Act,” Owaisi added.

The AIMIM Chief said that in 1935 Dhar State Gazette and Dhar durbar proceedings it was acknowledged that namaz was being offered.

In 1951, Director General of ASI had issued orders that only Muslims will offer namaz there and that there will be no rituals of any other religion.

“It is being said that there was a temple there, but the inscriptions found there indicate that it was a gurukul, where Raja Bhoj promoted Sanskrit learning. Just as we call Parliament a temple of democracy, it does not mean it is a place of worship. Similarly, it was a gurukul. There was earthquake in 1220 and it was reconstructed.”

Owaisi said that Dhar State Gazette of 1935 states that it is a mosque and government relinquished it from guardianship and gave it to Muslim community.

In 1985 official Waqf gazette was issued under the 1954 Act.

The AIMI Chief said that the ASI in 1951 and 1952 clarified that this is mosque. It rejected application of those who wanted to celebrate ‘Bhuj Utsav’.

Owaisi added that the order of Madhya Pradesh High Court is against Places of Worship Act, 1991.

“Section 4 of the Act says that status of places of worship as on August 15, 1947, can’t be changed. There is also the ASI Act which says the nature and character of any religious place can’t be changed.”

The AIMI Chief alleged that the Narendra Modi government and the ASI are hand-in-hand with the petitioners, which itself is a violation of Articles 14 and 12.

He also noted that in 1995, some influential Muslims in Dhar made a mistake by entering into an agreement allowing puja inside the mosque every Tuesday and on Basant Panchami.