Nov, 28th 2024 – The All India Muslim Personal Law Board has written to Chief Justice D.Y. Chandrachud requested the judiciary to desist from reopening settled matters to prevent intervening with communal harmony as raised in the context of sensitive issues related to the Ajmer Dargah.
The petition has begun from recent controversies regarding Ajmer Dargah in Rajasthan, where disputes relating to the administration of the site had become sensational. The AIMPLB insisted on respecting the integrity of religious sites and ensuring that court judgments do not inflame sectarian sentiments.
The AIMPLB cited earlier examples of the lower courts’ verdicts leading to long-running disputes, such as the one regarding Ayodhya. The Supreme Court put an end to the Ayodhya Ram Mandir-Babri Masjid dispute, but the AIMPLB wants to make sure that the case does not follow a similar route when it comes to the Ajmer Dargah or any other historical places of worship.
The statement pointed out the need for maintaining the laws of the constitution by the courts: secularism and the spirit of living together in peace by different communities. The AIMPLB urged the judiciary to consider the social and political ramifications of their decisions, especially in cases involving heritage and religious identity.
While repeating its respect for the independent judiciary, the AIMPLB urged a bit more caution so that judgments do not give room for fringe elements to use public sentiment for political or communal purposes.
Call for restraint
The appeal is being made amidst rising apprehensions about cases involving religious and cultural sentiments. The CJI is begged to formulate guidelines to be observed by the courts dealing with disputes over religious or culturally important sites. This may help improve the judicial process and avoid further aggravation of the dispute.
Significance of the Ajmer Dargah
The Ajmer Dargah has immense spiritual significance for millions of people and draws devotees from different paths of life. Nevertheless, it has sometimes become a center-stage for controversies, particularly in the area of its management and rituals. The AIMPLB makes a proactive appeal to protect such places from dogfights in courts, thus creating a climate of mutual respect and nonviolence.
The AIMPLB has also called for the court to issue judicial guidelines to handle cases of culture and religion with prudence and wisdom. These, it is stated, could whittle down protracted litigation and further contaminate the integrity of decisions that ought to primarily have a regard for the peace of society.
The board’s emphasis reflects the wider concerns with respect to India’s secular character and the role courts would play to protect it.
The AIMPLB’s appeal to the judiciary is exemplary of the fine balance needed between legal accountability and social cohesion.
Resistance or interference with an order of a higher court may sometimes plummet society’s peace to the ground. In overlooked or sensitive matters, judicial prudence will assist India in maintaining peace and unity.
