Thread by @JMehta65

This man, Swamy time and again makes tall, contentious, impractical if not impossible claims to ingratiate himself with his supporters..Another reason is to establish himself as a bigger Hindutva icon than PM @narendramodi .
He claims that Kashi and Mathura can be restored+
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+ back to Hindus quite easily only if, Govt desires so..According to him, SC has no role to play for getting restoration of Kashi and Mathura land from Muslims..
Now the question arises, why Swamy, whose 2nd home is SC and who filed I/A application in SC in #RamTemple case+
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+ on the grounds of Faith & Right to pray, eminant domain, doesnt file a writ petition in SC demanding restoration of Kashi and Mathura to Hindus on the same grounds? Why he is suggesting invocation of Article #300A of our Constitution?
Why is Swamy not approaching SC? Why?
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The answer is enactment of 'Places of Worship Act 1991' by Narsimha Rao govt way back in 1991 at the height of Ram Janmabhoomi agitation.
The rational behind enactment of this law was because #RSS & its affiliates had made demand for restoration of more than 30k sites which+
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+were earlier Hindu temples but over a period of many centuries demolished by Muslim invaders and converted into Mosques..
To assuage the fear amongst Muslim community and preserve communal harmony within the country, PVNR govt decided to nip in the bud such demands..
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Hence, 'Places of Worship Act 1991 was passed by our Parliment..This Act prohibited change in character of any place of worship as it stood on 15th August 1947.This law debarred judiciary from entertaining any suit for such purpose.However #RamTemple title suit was excluded+
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+ from the ambit of this Act..
This bill was presented in Rajya Sabha on 12th September' 1991..Then Home Minister, S. B. Chavan presented it..Clause 5 clearly excluded Ram Janmabhoomi/Babri Masjid from its ambit..
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It will be interesting for Swamy supporters is to know what stand he took during debate..Not only he considered this bill was the best way of solving problems, but urged to enact it as a method..He wanted to bring amendment to Section 5, which excluded Ram Janmabhoomi/Babri+
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+ What was the content of his amendment relating to Sec- 5 isnt known..At the time of voting on the bill, he remained absent from RS & hence, his amendment wasn't considered.
Swamy, effectively helped his friend PVNR to CLOSE judicial remedy to retrieve Kashi & Mathura back.
9/23

'The Places of Worship Act' 1991' prohibits conversion of religious character of a place of worship as existing on the 15th August, 1947.
Even jurisdicton of courts was barred.
Therefore, there is no way; Hindus can retrieve Kashi & Mathura back from Muslims legally..
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This is the reason why Swamy is not filing any writ petition in SC to retrieve Kashi & Mathura back on the grounds of Faith, Right to pray etc..He is putting ball in Govt's domain..He knows very well, the fact that, no responsible govt will even think of passing such a law.
11/23

Swamy is advising Modi govt to invoke Article #300A of our Constitution to take over Kashi and Mathura land from Muslims and hand it over back to Hindus..

Article #300A provides that 'no person shall be deprived of his property save by authority of law'..+
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+ Only by enactment of a law, by the Legislature under Article #300A , any property can be taken away by the govt from any private entity..But, before passing such a law, first the Govt has to repeal 'The Places of Worship Act, 1991'..
The Supreme Court has held in many of+
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+ its judgments, that the validity of a law passed under Article #300A for depriving a citizen of his private property can be challanged on the grounds that it is not for 'public purpose'..
So, if a law enacted under Article #300A does not provide for taking away private+
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+ property of an entity for 'public purpose' then it will be unreasonable, unfair and unjust law..Hence, it can be declared unconstitutional & void..
What is 'PUBLIC PURPOSE'? Black Stone's Dictionary, defines the term 'Public Purpose' as promotion of public health,safety,+
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+ morals, general welfare, security, prosperity and contentment of all the inhabitants or residents within a given political division.
Another term which is regularly invoked by Swamy is 'eminant domain'.Even 'Eminent Domain' has clearly laid down what is 'Public Purpose'👇
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Under 'Eminent Domain' too, the SC has held that the requirement of 'Public Purpose' is invariably the rule or pre-condition when a person is deprived of his property..
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Conclusion:
For restoring Kashi, Mathura and other sites of Hindus occupied by Muslims, Govt has to first repeal 'The Places of Worship Act, 1991'..Then, enact a law under Article #300A to acquire all these sites from Muslim community..
Legally, such a law would not pass+
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+ judicial scrutiny because such an action will not amount to serving public purpose..
Politically, passage of such law will cause civil strife, communal disharmony, riots..
India's image will take a severe beating..India will lose all the support which it is enjoying as+
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+of now..In my view and, in larger interest of our country; such an excercise will have more disadvantages than advantages..
What we should do, is to strengthen our economy and military prowess, eliminate threat from Pakistan, diminish Chinese intimidation..
20/23

After 10-15 years, Hindu community should negotiate with Muslim community and request for restoration of Kashi and Mathura back to Hindus and close this chapter from our history for once and all in cordial atmosphere.
21/23

As for Dr. Swamy, he is making such ridiculous claims for washing off his sins committed against Hindu interests, when he was a secular liberal..He is very much aware that Modi govt will not do anything which adversely affects India's interests..
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Swamy is trying to take advantage of this situation and promote himself as an undisputed champion of Hindu community's interests..And, at the same time undermining Modi's credentials both as an efficient PM as well as a Hindutva icon..
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*Concluded*