Place of Worship Act hearing: The top court restrained courts across the country to admit or pass orders in any fresh suit or plea seeking survey of mosques. The Supreme Court on Thursday paused all surveys of places of worship as it began hearing petitions challenging certain provisions of the Places of Worship Act. The top court directed lower courts to not admit or pass any order on surveys of mosques, till it next hears this matter.
“No order of survey or any other effective order to be passed in existing suits as well,” the top court said while hearing pleas challenging Places of Worship Act. The Places of Worship (Special Provisions) Act, 1991 prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
The pleas challenged the Places of Worship Act saying that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by. The top court bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan,”We are examining vires, contours and ambit of 1991 law on places of worship Act”.
SC asks Centre to file reply within 4 weeks
The apex court asked the Centre to file its reply to the pleas and cross ones in four weeks and granted a further of four weeks to other parties to file their rejoinder after the Centre filed its reply. The bench would accord the hearing after completion of pleadings.The top court, meanwhile, allowed pleas of various parties including Muslim bodies seeking to intervene in the proceedings.
The top court is seized of as many as six pleas, including one filed by Ashwini Upadhyay who has prayed that Sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside. Among the various reasons submitted was the contention that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
