Supreme Court today ordered that no further suits can be registered in the country against places of worship while it is hearing pleas challenging the Places of Worship Act. The Court has also asked the authorities to pause all the ongoing surveys of places of worship including mosques.
A Special Bench of the Supreme Court, comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan, are hearing petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, which started at 3:30 PM today.
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The Act prohibits altering the religious character of places of worship as they stood on August 15, 1947. The lead petition, filed in 2020, prompted the Court to issue notice to the Union Government in March 2021. Since then, similar petitions have been filed, but the Union Government has yet to submit a counter-affidavit despite multiple extensions.
Recent controversies, including the Sambhal Jama Masjid survey, have reignited debate over the Act. Today’s hearing focuses on pleas questioning its constitutionality.
Key updates from the hearing include Senior Advocate Singhvi’s request for interim orders to maintain the status quo in pending cases involving 10 sites, including Mathura and Gyanvapi. The Court clarified that further suits can be filed but won’t be registered until the next hearing.
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Justice Viswanathan noted that civil courts must defer to the Supreme Court’s jurisdiction in such matters. The Bench will continue deliberating the Act’s broader constitutional implications.
The back-to-back claims being made on Masjids and other religious structures had posed threat to the communal fabrics of the country. The Sambhal Masjid row last month led to the killing of five youth after a survey team arrived in the Masjid. The ruling will have implications for the potential future interventions of the forces in historic Mosques in the country.