Legality and Ambit
Supreme Court restrains courts from hearing disputes over places of worship
This story was originally published at 20:12 IST on 12 December 2024
Register to read our real-time news.Informist, Thursday, Dec. 12, 2024
NEW DELHI – In a significant order, the Supreme Court on Thursday restrained courts in the country from entertaining fresh pleas or passing orders on pleas disputing the religious character of places of worship until further directions.
A three-judge bench headed by Chief Justice of India Sanjiv Khanna passed the order while hearing a batch of petitions challenging the Places of Worship (Special Provisions) Act of 1991. The bench said it would examine the legality and ambit of the 1991 Act and directed the courts not to proceed with any such lawsuit until then.
"As the matter is sub-judice before this court, we deem it fit to direct that no fresh suits shall be registered or proceedings be ordered. In the pending suits, courts would not pass any effective order or final order, including order of survey, till further orders. We are on vires (legality) as well as ambit of the Act," the bench directed.
The 1991 Act provides for maintenance of the religious character of all places of worship in the country as they existed on Aug. 15, 1947. The sole exception allowed was the then disputed Ram Janmabhoomi-Babri Masjid case in Ayodhya.
The Supreme Court's order has stalled proceedings in about 18 suits filed by several Hindu groups to ascertain the original religious character of several Muslim shrines, including the Shahi Idgah in Mathura, the Gyanvapi Masjid in Varanasi, and the Jama Masjid in Sambhal, all in Uttar Pradesh.
The bench, which also comprised Justice P.V. Sanjay Kumar and Justice K.V. Viswanathan, asked the central government to file within four weeks its counter affidavit to the petitions challenging the Act.
The petitions filed by several religious leaders, politicians, and advocates challenge various provisions of the 1991 Act which prevent the conversion of religious sites and lawsuits on their status. The petitioners have claimed the Act violates the rights of Hindus, Jains, Buddhists, and Sikhs to restore and manage their places of worship, breaching their constitutional rights under Articles 25, 26, and 29. End
Reported by Kuldeep Singh
Edited by Rajeev Pai
For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.
Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.
Informist Media Tel +91 (11) 4220-1000
Send comments to feedback@informistmedia.com
© Informist Media Pvt. Ltd. 2024. All rights reserved.
To read more please subscribe
Share this Story:
