A bench led by CJI Sanjiv Khanna Today (Feb 17) in Supreme Court will hear petitions challenging the 1991 law, which protects the religious character of places of worship as of August 15, 1947.
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New Delhi: The Supreme Court will hear multiple petitions related to the Places of Worship (Special Provisions) Act, 1991, Today-February 17.
According to the official cause list uploaded on the Supreme Court’s website, a bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, will oversee the proceedings.
ALSO READ: CJI Sanjiv Khanna To Take Up Today (Dec 12) Validity of Places of Worship Act
The Act prevents the conversion of any place of worship and ensures that religious sites maintain their original character as they were on August 15, 1947. However, the law does not apply to the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya.
Several petitions have challenged the validity of certain provisions of the 1991 law. Some parties argue that the Act violates fundamental rights, while others demand its strict enforcement to maintain religious harmony.
On January 2, the Supreme Court decided to examine a petition by AIMIM leader Asaduddin Owaisi, who sought proper enforcement of the Places of Worship Act. Additionally, on December 12, a bench led by the Chief Justice ordered that no new lawsuits regarding religious sites should be entertained by any court, nor should any existing court cases issue interim or final orders until the Supreme Court delivers its ruling.
ALSO READ: CJI Khanna Hearing On Pleas Challenging Places Of Worship Act Today (Dec 5)
“As the matter is sub judice before this court, we deem it appropriate to direct that, though fresh suits may be filed, no suits would be registered and no proceedings shall be undertaken therein till further orders of this court,”
-the bench ruled.
This decision put a hold on around 18 lawsuits filed by various Hindu groups. These lawsuits sought permission to survey religious sites, including:
- Gyanvapi Mosque in Varanasi
- Shahi Idgah Masjid in Mathura
- Shahi Jama Masjid in Sambhal (where four people lost their lives in recent clashes)
The main issue before the Supreme Court revolves around Sections 3 and 4 of the 1991 Act:
- Section 3: Prohibits the conversion of religious sites.
- Section 4: Declares the religious character of places of worship and restricts courts from intervening.
There are cross petitions regarding the implementation of the law:
- Hindu groups argue that several mosques were originally temples destroyed by past invaders and should be restored.
- Muslim organizations, including the Gyanvapi Mosque Committee, oppose these claims and want the Supreme Court to uphold the 1991 law.
The mosque committee pointed out that such disputes have been raised over multiple mosques and shrines, including:
- Shahi Idgah Masjid in Mathura
- Quwwat-ul-Islam Masjid near Qutub Minar in Delhi
- Kamal Maula Mosque in Madhya Pradesh
With communal harmony and constitutional questions at stake, the Supreme Court’s decision on this matter is expected to have a significant impact across the country.
Case Title: Ashwini Kumar Upadhyay v. Union of India
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