The Supreme Court bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, has connected Choudhary’s petition with other petitions that challenge the constitutionality of the Places of Worship Act.
NEW DELHI: Today, 14th Feb, Samajwadi Party leader and Member of Parliament, Iqra Choudhary, has filed a writ petition in the Supreme Court, urging the full implementation of the Places of Worship (Special Provisions) Act, 1991. This Act seeks to maintain the status quo of religious places as they were on August 15, 1947, and prohibits any legal proceedings that aim to alter the religious character of these places.
The Supreme Court bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, has connected Choudhary’s petition with other petitions that challenge the constitutionality of the Places of Worship Act.
When the matter was discussed, the CJI remarked, “Why so many new petitions are being filed? Every week we get one.”
Senior Advocate Kapil Sibal appeared on behalf of Iqra Choudhary in the matter. In her petition, Choudhary expressed concern about the growing number of legal actions targeting mosques and dargahs. She pointed out that these actions often lead to hasty judicial orders for surveys without proper scrutiny, which can fuel communal tensions and undermine India’s constitutional values of harmony and tolerance.
She warned, “The failure to address this disturbing trend has the potential to tear apart the secular fabric of this country.”
The petition argues that the definition of ‘ancient monuments’ under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, should not include places of worship. Any interpretation that includes religious structures would violate the Fundamental Rights under Articles 25, 26, and 29 of the Indian Constitution.
As Choudhary stated,
“It is important to note that this definition of an ‘ancient monument’ is not an inclusive definition since the definition begins with the phrase ‘means’. In other words, any religious structure cannot in terms of the definition per se be impacted by virtue of this definition, and if so impacted, would run counter to Articles 25, 26, and 29 of the Constitution, because these Articles are only subject to reasonable restrictions based on public order, morality, and health.”
Choudhary also argued that under Section 4 of the 1991 Act, the religious character of a place of worship that existed on August 15, 1947, must remain the same, and any place of worship that is an ancient monument or an archaeological site covered by the 1958 Act is not protected under Section 4 of the Places of Worship Act.
Background
The lead petition challenging the Places of Worship Act, titled Ashwini Kumar Upadhyay v. Union of India, was filed in 2020. The petition challenges the statute, arguing that it is unconstitutional. The law aims to preserve the status quo of religious structures as they were on August 15, 1947, prohibiting any legal proceedings that seek to change their religious character.
In addition to Choudhary’s petition, there have been other petitions and interventions by the Gyanvapi Mosque Managing Committee, Mathura Shahi Idgah Masjid Committee, and several political figures. These petitioners argue that the Places of Worship Act is essential for maintaining communal harmony in India.
The Union Government has yet to file its counter-affidavit, despite multiple extensions given by the Court.
Vaibhav Ojha
सपा सांसद इकरा हसन पहुंची सुप्रीम कोर्ट, जानें क्या है मामला Minakshi Bindhani MP Iqra Choudhary Approaches Supreme Court Seeking Strict Implementation Of Places Of Worship Act https://www.jansatta.com/national/iqra-hasan-moves-supreme-court-seeking-strict-implementation-places-of-worsh…
Case Title:
Iqra Choudhary v. Union of India & Ors. Diary No. 2350/2025
