Mohd. Aslam Alias Bhure
v.
Union Of India And Others
(Supreme Court Of India)
Writ Petition (C) No. 611 of 1993 | 24-09-1993
1. Shri Mohd. Aslam alias Bhure seeks the intervention of the Court in what is urged as a serious and urgent matter of public concern with regard to the preservation of certain places of worship in the country
2. The prayers sought in this petition are
"(i) directing the respondents to take steps for safeguarding of religious places i.e. Gyanvapi Masjid and Vishwanath temple at Varanasi and Krishna temple and Idgah at Mathura;
(ii) to take steps to provide appropriate security of these places for restraining any person from causing any mischief to these places;
(iii) to regulate the entry of devotees to these places so that mob of large number of persons should not assemble near these places for causing any damage;
(iv) to take over/manage the Gyanvapi Masjid and Vishwanath temple and Krishna temple and Idgah at Mathura in public interest by Central Government;
(v) to register cases as per provisions of Places of Worship (Special Provision) Act, 1991 against any person who violates the by causing damage or converting these places from their existing religion to religion of other denomination;
(vi) direct the Central Government to take steps against BJP, VHP, Bajrang Dal, RSS by restraining them from converting Idgah at Mathura and Gyanvapi Masjid at Varanasi to Hindu temple for their political benefits and in violation of the Places of Worship (Special Provision) Act, 1991
3. The prayers at (iv) and (vi) in our opinion, are not matters which can be dealt with by the Court on the state of the present pleadings. These prayers are not susceptible of an adjudication on the material placed before the Court. The matter is eminently one for appropriate evaluation and action by the Executive, and may not have an adjudicative disposition or judicially manageable standards as the pleadings now stand. We find no justification to issue notice to the respondents on these prayers at (iv) and (vi)
4. So far as prayer (v) is concerned, it is the statutory obligation of the State to enforce the provisions of the. It does not need reiteration that that duty is a fortiori in matters of such serious public concern. In view of the plain obligations of the State to enforce the law, any direction on the hypothetical possibility of violation, amounts to no more than recanting the provisions of the statute itself
5. What remain to be considered are the prayers at (i), (ii) and (iii). We have heard Shri O. P. Sharma, learned Senior Counsel for the petitioner; Shri Milon K. Banerjee, learned Attorney General for the Union of India and Shri A. K. Ganguly learned Senior Counsel for the State of Uttar Pradesh and its officers
6. The District Magistrates of Mathura and Varanasi and the Home Secretary to the State Government of Uttar Pradesh are present in Court. Learned Attorney General submitted that after the events of December 6, 1992, both the Central and the State Governments are keenly alive to the need for an appropriate heightened security environment respecting places of worship referred to, and that the Governments are straining every nerve and resources to ensure such safety. Learned Attorney General submitted that adequate security measures for safeguarding these places of worship have been evolved and are in operation. He also submitted that it would not be appropriate in public interest to make a public disclosure of the details of the security preparations
7. Shri A. K. Ganguly, upon instructions from the District Magistrate and the Home Secretary, submits that the prayers sought for by the petitioner are, indeed, the subject-matter of deep, anxious and committed concern of the Government and all precautions and safety measures have been evolved and are in operation in respect of these places of worship
8. In view of these submissions, no specific directions on the prayers at (ii) and (iii) are necessary as the Governments - States and Union - says that they are keenly alive to the problem and have taken adequate steps and that these measures are already in operation
9. We accordingly dispose of this writ petition by directing the State and Union Governments to take all necessary steps for safeguarding the religious places as prayed for in prayer (i)
10. The impleadment applications are dismissed.
2. The prayers sought in this petition are
"(i) directing the respondents to take steps for safeguarding of religious places i.e. Gyanvapi Masjid and Vishwanath temple at Varanasi and Krishna temple and Idgah at Mathura;
(ii) to take steps to provide appropriate security of these places for restraining any person from causing any mischief to these places;
(iii) to regulate the entry of devotees to these places so that mob of large number of persons should not assemble near these places for causing any damage;
(iv) to take over/manage the Gyanvapi Masjid and Vishwanath temple and Krishna temple and Idgah at Mathura in public interest by Central Government;
(v) to register cases as per provisions of Places of Worship (Special Provision) Act, 1991 against any person who violates the by causing damage or converting these places from their existing religion to religion of other denomination;
(vi) direct the Central Government to take steps against BJP, VHP, Bajrang Dal, RSS by restraining them from converting Idgah at Mathura and Gyanvapi Masjid at Varanasi to Hindu temple for their political benefits and in violation of the Places of Worship (Special Provision) Act, 1991
3. The prayers at (iv) and (vi) in our opinion, are not matters which can be dealt with by the Court on the state of the present pleadings. These prayers are not susceptible of an adjudication on the material placed before the Court. The matter is eminently one for appropriate evaluation and action by the Executive, and may not have an adjudicative disposition or judicially manageable standards as the pleadings now stand. We find no justification to issue notice to the respondents on these prayers at (iv) and (vi)
4. So far as prayer (v) is concerned, it is the statutory obligation of the State to enforce the provisions of the. It does not need reiteration that that duty is a fortiori in matters of such serious public concern. In view of the plain obligations of the State to enforce the law, any direction on the hypothetical possibility of violation, amounts to no more than recanting the provisions of the statute itself
5. What remain to be considered are the prayers at (i), (ii) and (iii). We have heard Shri O. P. Sharma, learned Senior Counsel for the petitioner; Shri Milon K. Banerjee, learned Attorney General for the Union of India and Shri A. K. Ganguly learned Senior Counsel for the State of Uttar Pradesh and its officers
6. The District Magistrates of Mathura and Varanasi and the Home Secretary to the State Government of Uttar Pradesh are present in Court. Learned Attorney General submitted that after the events of December 6, 1992, both the Central and the State Governments are keenly alive to the need for an appropriate heightened security environment respecting places of worship referred to, and that the Governments are straining every nerve and resources to ensure such safety. Learned Attorney General submitted that adequate security measures for safeguarding these places of worship have been evolved and are in operation. He also submitted that it would not be appropriate in public interest to make a public disclosure of the details of the security preparations
7. Shri A. K. Ganguly, upon instructions from the District Magistrate and the Home Secretary, submits that the prayers sought for by the petitioner are, indeed, the subject-matter of deep, anxious and committed concern of the Government and all precautions and safety measures have been evolved and are in operation in respect of these places of worship
8. In view of these submissions, no specific directions on the prayers at (ii) and (iii) are necessary as the Governments - States and Union - says that they are keenly alive to the problem and have taken adequate steps and that these measures are already in operation
9. We accordingly dispose of this writ petition by directing the State and Union Governments to take all necessary steps for safeguarding the religious places as prayed for in prayer (i)
10. The impleadment applications are dismissed.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE DR. A. S. ANAND
HON'BLE JUSTICE M. N. VENKATACHALIAH (CJI)
HON'BLE JUSTICE S. MOHAN
Eq Citation
(1994) 2 SCC 48
LQ/SC/1993/806
HeadNote
Constitution of India — Arts. 21, 14, 19, 25, 26 and 29 — Places of Worship (Special Provisions) Act, 1991 — Preservation of certain places of worship — Prayers for safeguarding Gyanvapi Masjid and Vishwanath temple at Varanasi and Krishna temple and Idgah at Mathura — State and Union Governments directed to take all necessary steps
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