By The Sampadak Express
The Supreme Court on Monday postponed the hearing of a batch of pleas related to the Places of Worship (Special Provisions) Act, 1991, to the first week of April. The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, stated that the case would be heard by a three-judge bench.
The Court expressed strong displeasure over the filing of multiple fresh pleas concerning the validity of the Act, which mandates that the religious character of places of worship be maintained as it existed on August 15, 1947. “We might not be able to take it up,” said Chief Justice Khanna when senior advocate Indira Jaising mentioned a fresh plea for hearing.
In an order issued at the start of the proceedings, the bench dismissed several pending writ petitions that had not been notified, but allowed petitioners the liberty to refile with additional grounds if necessary. The Court clarified that new Interlocutory Applications (IAs) would only be entertained if they raised new points or legal issues not already covered in the existing petitions.
The batch of petitions will now be heard in the week commencing April 1, 2025.Earlier, the bench noted the growing number of fresh petitions, stating, “It will become impossible for us to deal with the petitions besides whatever has already been filed.”
The Supreme Court’s intervention in the case comes after it stalled proceedings in December 2024, including lawsuits filed by Hindu parties seeking surveys to determine the original religious character of several mosques, such as Gyanvapi in Varanasi and Shahi Idgah Masjid in Mathura. These lawsuits have sparked controversy and heightened tensions.
Following the December order, several petitions have been filed, including by political leaders like AIMIM chief Asaduddin Owaisi, Samajwadi Party MP Iqra Choudhary, and the Congress Party, urging the effective implementation of the 1991 Act. Choudhary has sought to curb the legal actions targeting mosques, citing concerns over communal harmony and the secular fabric of India.
The Akhil Bhartiya Sant Samiti, a Hindu group, has also sought to intervene in the case, challenging the validity of the Act.
The Places of Worship (Special Provisions) Act, 1991, prohibits the conversion of any place of worship and mandates that the religious character of such places be preserved as it existed on August 15, 1947. The Act, however, excludes the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya.
Muslim organizations, including Jamiat Ulama-i-Hind, have called for strict enforcement of the Act to preserve the status of mosques and ensure communal harmony. In contrast, petitioners like lawyer Ashwini Upadhyay have challenged provisions of the Act, particularly Sections 2, 3, and 4, arguing that these provisions infringe on the right to seek judicial remedy for the reclamation of places of worship.
The Gyanvapi Mosque management committee has also filed an intervention plea opposing the petitions challenging the constitutionality of the Act. The committee claims that these petitions are intended to facilitate lawsuits against religious sites that are protected under the 1991 law.
The Supreme Court is set to hear arguments on the matter in April, with significant implications for the protection of religious sites across the country.
