On Thursday, November 28, the All India Muslim Personal Law Board (AIMPLB) submitted a letter to the Supreme Court of India, requesting it to instruct lower courts across the country to refrain from hearing petitions concerning mosques.
This move follows unrest in Sambhal, Uttar Pradesh, triggered by a trial court's order to survey the Shahi Jama Masjid.
Supreme Court, Calcutta Quran Petition book by Sita Ram Goel
In the letter, the AIMPLB invoked the Places of Worship Act of 1991 and urged the Supreme Court to dismiss petitions that might reveal details about the Gyanvapi Mosque, Shahi Eidgah, Bhojshala Mosque, TeeleWali Masjid, and Shahi Jama Masjid.
The Islamic body stated, “Dr. Ilyas (national spokesperson) has appealed to the Chief Justice of India to take immediate SuoMotu action in this matter and direct lower courts to refrain from opening doors to any further disputes.”
“Additionally, it is the responsibility of both central and state governments to strictly enforce this law passed by Parliament. Failure to do so could lead to an explosive situation across the country, for which the Supreme Court and the central government would be held accountable,” it warned.
The All India Muslim Personal Law Board implied that decisions by lower courts to approve surveys of mosques could provoke riots among Muslims, as seen recently in Sambhal, Uttar Pradesh.
However, it is worth noting that Muslim groups have also resorted to riots in response to High Courts hearing petitions related to Islamic scriptures. The notable case of the Calcutta Quran Petition in 1985 serves as a prominent example.
1985: The Landmark Calcutta Quran Petition
On March 29, 1985, advocate Chandmal Chopra and Sital Singh filed a petition under Article 226 of the Indian Constitution, which empowers the High Court to issue certain writs. They approached the Calcutta High Court, seeking an order for the government to "forfeit" all copies of the Quran.
The petition claimed that the Quran was "liable to be forfeited" under Section 95 of the Code of Criminal Procedure (CrPC), which allows for the forfeiture of certain publications. This was read alongside Sections 153A (promoting enmity between religious groups) and 295A (deliberate acts intended to outrage religious sentiments) of the Indian Penal Code (IPC). The petitioners alleged that Muslims had used these laws to ban books critical of Islam and cited Quranic verses they claimed promoted violence against "infidels."
The matter was initially presented before Justice Khastgir of the Calcutta High Court. Surprisingly, instead of outright dismissal, Justice Khastgir admitted the petition and issued notices to the concerned parties. This prompted significant opposition, with organizations like the Communist Party of India (Marxist), Jamait-e-Islami, and the Kerala Muslim Association of Calcutta mobilizing against the petition. A "Quran Defence Committee" was also formed to resist the move.
The CPI(M)-led West Bengal government denounced the petition, labeling it malicious and unprecedented in Indian legal history. Similarly, the Congress-led Union government joined in opposing the plea. Under escalating political and social pressure, Justice Khastgir recused herself from the case, transferring it to Justice Satish Chandra's court.
On the advice of Advocate-General S.K. Acharyya, the case was eventually moved to Justice Bimal Chandra Basak, who dismissed the petition on May 17, 1985. The dismissal ensured that the courts did not have to rule on the theological aspects of Islam, effectively ending the controversy.
Riots Erupt in Calcutta Over Quran Petition
Historian Sita Ram Goel, in his book (Pages 26-27), recounts the violent unrest triggered in Bangladesh by the Calcutta Quran Petition. Muslim mobs, including many from Jamaat-e-Islami, engaged in widespread rioting, setting government property ablaze and hurling missiles. Clashes with police in Chepal Nawabgunj town escalated, forcing the police to open fire in self-defense, resulting in 12 deaths and 100 injuries.
The following day, a mob of 20,000 Jamaat-e-Islami members staged violent protests in Dhaka, attempting to storm the Indian High Commission. Meanwhile, in Ranchi, India, Muslims organized a protest march featuring black flags, banners, and anti-government slogans. The march turned violent as participants attacked shops with stones and forcibly shut down businesses, leaving local traders too fearful to reopen the next day.
In Srinagar, Jammu and Kashmir, similar unrest unfolded. Protesters vandalized the Communist Party of India headquarters, attempted to set a bridge on fire, and forcefully closed schools, cinemas, and shops, further escalating tensions in the region.
“There could be no greater irony that the Communist Party of India (CPI), a consistent defender of all Islamic causes, had been bracketed with ‘Hindu communalists’ by Muslim mobs. But mobs are mobs, and the responsibility for what they do rests on those who mobilize them ever so often,” Sita Ram Goel noted in his book.
The AIMPLB suggests that the continuation of court hearings on petitions regarding surveys of mosques allegedly built on Hindu temple sites could provoke unrest among Muslim communities.
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