Places of Worship Act 1991:?The Supreme Court today (December 12) asked the Centre to file an affidavit in a batch of petitions challenging certain provisions of the Places of Worship (Special Provision) Act, 1991, that prohibit 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.
A three-judge bench of Chief Justice Sanjiv Khanna, and Justices Sanjay Kumar and K V Viswanathan also directed that no further suits can be filed in the country till it hears and disposes off the petitions challenging the Places of Worship Act.
What did Supreme Court?say?
The Supreme Court restrained all the courts in the country from entertaining and passing any effective interim or final orders on any lawsuits seeking reliefs including survey of religious places under the 1991 law.
The CJI directed the Central Government to file a reply and give a copy of the reply to all the petitioners and said that there will be no hearing until a reply comes from the central government on the matter.?"As the matter is sub-judice before this court, we deem it fit to direct that while suits may be filed, no suits would be registered and proceedings undertaken till further orders of this court. In the pending suits, courts would not pass any effective interim order or final orders, including orders of survey," the bench ordered.
The apex court was informed that at present 18 suits are pending in the country against 10 mosques or shrines. “We are examining the vires, contours and the ambit of 1991 Act,” the bench said, observing it would be appropriate to ask all other courts to “stay off their hands”.
The bench also granted four weeks to Centre to file an affidavit in a batch of petitions challenging certain provisions of the Places of Worship (Special Provision) Act, 1991, that prohibit 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.
CJI: Please file a reply. Give petitioners a copy. You can't make an e-copy of your reply available on the internet.
CJI: Till reply comes, we can't hear. If anybody has an issue, we will take it up. Till the next date of hearing, no further suits can be filed or registered.
Lawyer Raju Ramachandran said that the suits that have been filed should be stayed so that no further hearing takes place. A total of 10 suits have been filed in different courts.
CJI:?Two suits are already pending in the Supreme Court. The Mathura case is pending with us.
CJI: There is also a writ petition saying the Act should be enforced...how many suits pending in all?
Counsels: 18 suits pending wrt 10 places
Sr Adv Singhvi: There should be quietus in the meantime. Interim order required in pending suits.
Muslim side demanded that until a decision is taken on the Places of Worship Act hearings on all cases should be stopped
Justice Vishwanathan - Civil courts cannot be in a race with the Supreme Court. This has to stop somewhere. The Center will have to file a reply within 4 weeks
CJI said that we would issue an order regarding the filing of new suits.
CJI said that after the centre files its reply, those who want to file their reply can do so within four weeks
CJI: We will not be able to decide without the Centre's reply
CJI said that we want to know the central government's stand in this matter
The Supreme Court rejected the demand of the Muslim side in which they had said that the hearing of the cases going on in different courts of the country should be stopped.
Next hearing on Feb 17
The Supreme Court will hear the Places of Worship Act case next on February 17, 2025.?The Supreme Court in its order asked the Central Government to file a reply within four weeks
Vishnu Shankar Jain, Advocate-on-Record, is appointed as the nodal counsel on behalf of the petitioners challenging the validity of the 1991 Act.
Ejaz Maqbool, Advocate-on-Record, is appointed as the nodal counsel on behalf of the petitioners/intervenors seeking enforcement of the 1991 Act.
Since the matter is sub judice before this Court, we deem it appropriate to direct that, although fresh suits may be filed, but no suit shall be registered and no proceedings shall be taken thereon until further orders of this Court.
Further, in pending suits, no Court shall pass any effective interim order or final order including orders directing survey, etc., till the next date of hearing/further orders of this Court.
What is Places of Worship Act 1991??
The Places of Worship Act was introduced in 1991 during the tenure of the Congress government under Prime Minister PV Narasimha Rao. At the time, the Ram Mandir-Babri Masjid dispute was a highly contentious issue, and similar temple-mosque disputes began surfacing in other parts of the country, creating a tense atmosphere. The Act was enacted to address these rising disputes and to maintain communal harmony.
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto. The law had made only one exception -- on the dispute pertaining to the Ram Janmabhoomi-Babri masjid in Ayodhya.
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