New Delhi, Jan 2: The Supreme Court on Thursday directed the tagging of a plea filed by AIMIM President Asaduddin Owaisi seeking implementation of the Places of Worship Act, 1991 with a pending batch of matters. The 1991 Act prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
At the very outset, a Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar ordered that Owaisi’s plea be tagged with the pending clutch of petitions, where it had imposed restrictions on registering new suits, delivering effective or final judgments, or ordering surveys in ongoing cases concerning mosques and shrines.
In an interim order passed on December 12, 2024, the CJI Khanna-led Special Bench had ordered that no fresh suits would be registered under the Places of Worship Act in the country, and in the pending cases, no final or effective orders would be passed till further orders.
The Special Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had asked the Union government to file within four weeks its reply to the batch of petitions challenging the validity of the Places of Worship Act, 1991. As per the computerised case status, the matter is tentatively listed for hearing on February 17.
On the other hand, several intervention/impleadment applications were filed before the Supreme Court seeking the dismissal of the petitions against the Places of Worship Act. In its application, the Managing Committee of Varanasi’s Gyanvapi Mosque said the “consequences of declaring the 1991 Act unconstitutional are bound to be drastic and will obliterate the rule of law and communal harmony.”
It said that an Article 32 petition challenging a legislative enactment must indicate the unconstitutionality of the provisions based on constitutional principles and the rhetorical arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.
“As many as 20 suits are pending before different Varanasi courts seeking to nullify the protection accorded by the 1991 Act and to convert the character of the Gyanvapi Mosque and prevent access of Muslims to the mosque,” it said.
In a similar application, the Committee of Management of Mathura’s Shahi Masjid Eidgah said that the law was enacted by Parliament in the interest of the country’s progress, which has stood the test of time for more than 33 years. The All India Muslim Personal Law Board (AIMPLB) had said that local courts were undermining the spirit of the 1991 Act by entertaining petitions and issuing orders concerning mosques.
“The manner in which local courts declared appeals admissible and issued orders on mosques and dargahs had made this Act ineffective. The Supreme Court has now stopped any effective or final decisions and prohibited survey orders until the next hearing,” added the AIMPLB.
IANS