At the beginning of the proceedings, lawyer Nizam Pasha, representing Owaisi, the president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), pointed out that the court is already dealing with several petitions on the issue, and suggested that the new plea be combined with them.
NEW DELHI: On Thursday, the Supreme Court agreed to consider a plea from AIMIM chief Asaduddin Owaisi, requesting the implementation of the 1991 Places of Worship Act, which mandates that the religious character of a place of worship be maintained as it stood on August 15, 1947.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed that Owaisi’s new plea be tagged with other pending cases on the matter. The case will be heard on February 17.
At the beginning of the proceedings, lawyer Nizam Pasha, representing Owaisi, the president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), pointed out that the court is already dealing with several petitions on the issue, and suggested that the new plea be combined with them.
“We will tag this,” the CJI responded. Owaisi had filed the plea on December 17, 2024, through advocate Fuzail Ahmad Ayyubi.
Lawyer and MP Owaisi, leader of the All India Majlis-e-Ittehadul Muslimeen, filed a petition on December 17, 2024, through advocate Fuzail Ahmad Ayyubi.
However, on December 12, a Bench led by Chief Justice Sanjiv Khanna, while addressing a group of similar petitions against the 1991 law, prohibited all courts from hearing new cases or issuing any interim or final orders in ongoing cases concerning the reclaiming of religious sites, especially mosques and dargahs.
One argument raised was that the law deprived individuals or religious groups of their right to seek judicial remedies to reclaim places of worship.
The 1991 law prohibits the conversion of any place of worship and mandates that the religious nature of any worship place remain as it was on August 15, 1947.
In his plea, Owaisi has urged the Centre to ensure the law’s effective implementation, his counsel stated.
The CJI-led Bench noted, “As the matter is sub-judice, we find it appropriate that no new suits be filed, and no proceedings take place until further orders from this court.”
Consequently, the Supreme Court stayed proceedings in about 18 lawsuits filed by Hindu parties, which sought surveys to determine the original religious character of 10 mosques, including Gyanvapi in Varanasi, Shahi Idgah Masjid in Mathura, and Shahi Jama Masjid in Sambhal, where four people were killed in clashes.
The special Bench, which also included Justices Sanjay Kumar and K.V. Viswanathan, was hearing six petitions, including a key one by lawyer Ashwini Upadhyay, challenging the provisions of the Places of Worship (Special Provisions) Act, 1991.
Upadhyay also pointed to cases where several courts had ordered surveys of mosques based on petitions from Hindu litigants. The Supreme Court is expected to consider Owaisi’s plea on January 2 and may group it with the pending cases for hearing.
Muslim petitioners have called for the strict implementation of the 1991 law to maintain communal harmony and preserve the current status of mosques, which Hindu petitioners seek to reclaim, asserting that temples existed at these sites before being destroyed by invaders.
The Gyanvapi Mosque management committee has also approached the Supreme Court to oppose petitions challenging the constitutional validity of the 1991 law. The committee argued that these petitions, filed with “mischievous intent,” aim to enable lawsuits against religious sites currently protected by the law.
Case Title: Asaduddin Owaisi vs. Union of India & Others, W.P.(C) No. 846/2024
Counsel for the Petitioners: Advocate Nizamuddin Pasha, Advocate Awstika Das, and Advocate-on-Record Fuzail Ayyubi
