Demand to ban naming of mosques after Babar could not stand in Supreme Court, petition returned

In the Supreme Court any mosque or mosque in the name of Babar or Babri Masjid Religious A petition seeking a stay on the construction and naming of the structure (Supreme Court petition withdrawn) ultimately did not proceed. The apex court expressed reluctance to intervene in the matter, following which the petitioner’s lawyer himself decided to withdraw the petition. The court formally disposed of it on the grounds of withdrawal.

The matter came up for hearing before the bench of Justice Vikram Nath and Justice Sandeep Mehta. During preliminary consideration, the court indicated that it was not in favor of considering this petition. After this, the petitioner’s lawyer sought permission from the court to withdraw the petition, which was accepted. The court said in its brief order that the petition is dismissed as it has been withdrawn.

The petition sought directions to the Central Government, State Governments and concerned administrative bodies to take necessary steps (Supreme Court petition withdrawn) to prohibit the construction, establishment or naming of any new mosque or religious structure in the name of Babar or Babri Masjid. There was also a demand to issue clear guidelines or administrative orders in this regard, so that such naming can be prevented in future.

On behalf of the petitioner, it was argued in the court that the construction of religious structures in the name of persons historically associated with invasions in the country is not appropriate. In the same context, the alleged announcement of building a replica of Babri Masjid in Murshidabad district of West Bengal was also mentioned and the need to stop it was expressed.

However, the Supreme Court refused to hear the petition further without giving any detailed order or comment on the subject. After this stance of the court, it became clear that at present no new instructions will be issued at the judicial level on this issue.

It is noteworthy that earlier in November 2019, a five-member Constitution bench of the Supreme Court had given a historic verdict (Supreme Court petition withdrawn) on the Ayodhya dispute. In that decision, paving the way for the construction of the temple at the disputed site, the Central Government was directed to provide alternative five acres of land to the Sunni Waqf Board for the construction of the mosque. The present petition dealt with a new issue separate from the landmark judgment, which the court did not consider worthy of consideration.