In a very significant move towards reclaiming temples broken by Islamic invaders from Mohammad Ghori to Aurangzeb and converting them to mosques, Ashwini Upadhyay filed a Public Interest Litigation challenging the validity of The Places Of Worship Act, 1991.
The Places Of Worship Act enacted by the Congress government in 1991 arbitrarily and irrationally imposed a status quo to be maintained in all places of worship as it retrospectively stood on 15th August, 1947. This highly questionable piece of legislation virtually gifted away and regularised the loot, plunder and sacking of ancient Hindu temples by barbaric Islamic invaders who built mosques over these holy places by using the very debris of the ancient temples.
The Supreme Court has admitted the petition challenging Places Of Worship Act of 1991 and issued notices to Home Ministry, Law Ministry and Culture Ministry for their response on the matter.
This malicious Act took away the fundamental right of right to worship and reclaim the ancient holy places of worship of Hindus, Buddhists, Sikhs and Jains whose ancient magnificent religious establishments were sacked by Islamic invaders.
The petitioner Ashwini Upadhyay avers that the Places Of Worship Act is patently illegal as it was enacted by the then Congress government at the Centre under the garb of ‘Public Order’, which is a State subject under Entry-1, List-II of Sechule 7 of the Constitution Of India. Similarly, “Pilgrimage other than pilgrimages to places outside India” is also a State subject under Entry-7, List II, Schedule 7. Thus, the petitioner contends that the Centre has no legislative competence to enact the impugned Act.
The petitioner also points out the fact that the Act, in a discriminatory fashion excludes the birthplace of Bhagwan Ram but includes the birthplace of Bhagwan Krishna, though both are incarnations of Lord Vishnu, who is worshipped world over. Hence, the Act is highly arbitrary and irrational violating Articles 14&15 of the Constitution.
The Act also brazenly infringes on the rights of Hindus, Jains, Buddhists and Sikhs to restore, manage, maintain and administer the places of worship and pilgrimage guaranteed under article 26 of the Constitution.
The retrospective date cut off date of 15 August 1947 was fixed to legalize the illegal acts of barbaric invaders and foreign Islamic rulers.
Moreover the Islamic structures built on these holy sites by the barbaric invaders cannot be termed a mosque as they have been constructed against the tenets of Islam and all such structures cannot be called as mosques.
The Act also violated the principle of secularism and was biased against Hindus, Buddhists, Sikhs and Jains as it curbed their rights to seek restoration of their holy places of worship destroyed before 15.08.1947 through legal proceedings thus, impeding the injured community to take recourse to availing their fundamental right to petition the High Court and Supreme court under Article 226 and 32 of the Constitution for enforcement of their fundamental right to worship.
The Vishwa Hindu Parishad’s General Secretary, Surendra Kumar Jain also welcomed this initiative taken by Ashwini Upadhyay as it would pave way to rescue at least the most pious and important pilgrimage centres like Krishnajanmabhoomi in Mathura and the Kashi Vishwanath temple at Varanasi, if not all the ancient 30,000 temples demolished and taken over by the Islamic invaders and rulers.
A reconciliation of the humungous torture and genocide suffered by all Sanatanis in India with the Muslims is only possible when they acknowledge the barbaric acts of the Islamic invaders which forced their own ancestors to convert to Islam or be compelled to be sex-slaves of the horrendous cruel invaders.
The tweets and video of Ashwini Upadhyay and the VHP General Secretary is given below.
It is hoped the Centre through the various ministries files affidavits in the Supreme Court supporting the petition of Ashwini Upadhyay and makes a strong case for invalidating this patently illegal piece of legislation and does not impede the Hindus, Buddhists, Sikhs and Jains from reclaiming their holy places of worship from the Islamist usurpers.
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