Places of Worship Act validity: SC restrains courts from passing orders in suits against religious structures

The Indian Supreme Court on Thursday (Dec 12) restrained all courts in the country from passing any effective or interim order, including orders of survey in pending suits against existing religious structures.

According to a report by the news agency ANI, a bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan ordered that no fresh suits could be registered over such claims while the court was hearing pleas challenging the Places of Worship (Special Provisions) Act, 1991.

“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,” the bench said. 

“In the pending suits, courts would not pass any effective interim order or final orders, including orders of survey,” it added. 

The Places of Worship (Special Provisions) Act, of 1991 prohibits the conversion of the religious character of places of worship from what they were as of August 15, 1947.

The pleas (in the Supreme Court) challenged the Act, saying it took away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by invaders.

Jamiat Ulama-i-Hind, India Muslim Personal Law Board, Committee of Management Anjuman Intezamia Masjid which manages the mosque in the Gyanvapi complex, and Shahi Idgah mosque committee of Mathura, among others, also filed applications in the top court against the petitions challenging the validity of certain provisions of the 1991 law.

They challenged the petitions filed by some Hindu petitioners, saying that entertaining the pleas against the Act will open floodgates of litigation against countless mosques across India.

The Supreme Court was informed on Thursday that 18 suits were currently pending in the country against 10 mosques or shrines.

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The apex court granted four weeks to the central government to file an affidavit on the batch of petitions challenging certain provisions of the Act. 

(With inputs from agencies)