In the wake of Gyanvapi mosque controversy, Jamiat Ulama-I-Hind has moved the Apex Court seeking to become a party in the Public Interest Litigation challenging the constitutional validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991, which froze the religious character of structures as it were at the time of Independence in 1947.

Seeking to be impleaded as a respondent in the Public Interest Litigation filed by Ashwini Upadhyay challenging the provisions of 1991 Act purportedly to open gates for restoration of temples which during the Islamic Rule were purportedly converted to mosques, Jamiat through Lawyer Ejaz Maqbool said judicial proceedings couldn't be resorted to set right historical wrongs.

Jamiat quoted the Ayodhya judgment, in which the Supreme Court on Nov 9, 2019, had said, "law cannot be used as a device to reach back in time & provide a legal remedy to every person who disagrees with the course which history has taken & that the courts of today cannot take cognizance of historical rights & wrongs unless it is shown that their legal consequences are enforceable in the present.

It said the Top Court had categorically held that the Supreme Court cannot entertain claims from actions of the Mughal rulers against Hindu Places of Worship in a Court of law today.

The Supreme Court in Ayodhya Judgment had said, "Our history is replete with actions that have been judged to be morally incorrect & even today are liable to trigger vociferous ideological debate. However, the adoption of the Constitution marks a watershed moment where We, the People of India, departed from the determination of rights & liabilities on the basis of our ideology, our religion, the colour of our skin, or the century when our ancestors arrived at these lands, & submitted to the rule of law. Under our rule of law, this Court can adjudicate upon private property claims that were expressly or impliedly recognised by the British Sovereign & subsequently not interfered with upon Indian Independence.”

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