Rama Krishna Sangem
The Supreme Court on December 12, Thursday restrained courts across the country to admit or pass orders in any fresh suit or plea seeking a survey of mosques to determine whether temples lie beneath them. “No order of survey or any other effective order to be passed in existing suits as well,” the top court said while hearing
This Act prohibits the filing of lawsuits to reclaim places of worship or change their character from what existed on August 15, 1947. The pleas challenged the Places of Worship Act saying that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by
The top court bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan,”We are examining vires, contours and ambit of 1991 law on places of worship Act”.
SC asks Centre to file reply within 4 weeks
According to a PTI report, the apex court the Centre to file its reply to the pleas and cross ones in four weeks and granted a further of four weeks to other parties to file their rejoinder after the Centre filed its reply.
The bench would accord the hearing after completion of pleadings. The top court, meanwhile, allowed pleas of various parties including Muslim bodies seeking to intervene in the proceedings.
The top court is seized of as many as six pleas, including one filed by Ashwini Upadhyay who has prayed that Sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside.
Among the various reasons submitted was the contention that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
Going by this order, it appears the SC might take longer time to come a conclusion on this sensitive issue. We must keep in ind the fact that the 1991 Act was passed in the backdrop of controversy over Babri Mosque at the time.
