Sambhal killings: SC's observations on Places of Worship Act helped 'some groups to incite discord': Jamiat Ulama-i-Hind

In a letter addressed to the Chief Justice of India, Jamiat Ulama-i-Hind noted that activities carried out under the "pretext of surveys" have resulted in mistrust and unrest in several regions, including Sambhal.
Supreme Court of India
Supreme Court of India(File Photo)
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Following the killing of five Muslim youth, including a minor, allegedly by the UP police on Sunday, Jamiat Ulama-i-Hind President Maulana Mahmood Madani expressed deep concern over the escalating communal tensions caused by the "misuse of so-called 'surveys' of mosques under divisive agendas."

In a letter addressed to the Chief Justice of India, Madani noted that activities carried out under the "pretext of surveys" have resulted in mistrust and unrest in several regions, including Sambhal, resulting in the disruption of public peace and communal unity.

"These incidents are seen as a direct threat to the secular fabric of the nation," he noted.

Five Muslims were killed on Sunday as UP police allegedly opened fire on people protesting the survey of the Shahi Jama Masjid in Kot Garvi area of Sambhal. An initial survey of the masjid was carried out on November 19, hours after a Court of Civil Judge (Senior Division) ordered the constitution of an "Advocate Commission," with local leaders and opposition parties alleging an "unusual haste" from the part of the administration.

The court ordered the survey after hearing the petition filed by Gopal Sharma, who claimed that a Harihar temple was at the site where the Jama Masjid now stands.

In the letter dated November 26, Madani stated that the Supreme Court's observation that surveys are not prohibited under Places of Worship Act 1991, has inadvertently "provided a pretext for certain groups to incite discord."

"The misuse of such surveys has the potential to destabilize the social harmony that we have carefully built since independence. These actions are being weaponized to foster division and threaten public order," Maulana Madani stated calling for immediate judicial intervention in the matter "to safeguard the nation's peace and social harmony."

He also called on the apex court to take suo moto cognizance of the issue and act decisively to prevent further escalation of communal tensions, "thereby upholding the spirit of the 1991 Act and the rule of law."

Madani further stated that pro active judicial action at this juncture is crucial to prevent widespread violence and maintain the unity and integrity of the nation. He also expressed hope that the judiciary will reaffirm its commitment to justice and social harmony through timely intervention.

The Jamiat Ulama-i-Hind had in 2022, filed a plea in the Supreme Court to dismiss Ashwini Upadhyay’s petition challenging the constitutionality of the Places of Worship Act,1991.

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