SC restrains courts across India to pass orders in any fresh suit or plea seeking survey of mosques

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Allahabad HC to hear plea on Nov 8 against Varanasi court's refusal for ASI survey in mosque's Wuzukhana



NEW DELHI: The Supreme Court on Thursday directed the lower courts across the country not to entertain or issue orders in cases seeking relief including the survey of religious places under the Places of Worship (Special Provision) Act 1991.The court issued the order while hearing a batch of pleas challenging certain provisions of the 1991 Act.”No orders including orders of survey in the meantime. In pending lawsuits, courts will not pass any effective interim or final order till further orders,” a three-judge bench of the apex court, led by the Chief Justice of India (CJI) Sanjiv Khanna, and Justices KV Viswanathan and Sanjay Kumar said. The 1991 law prohibits the 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.The apex court also directed the Centre to file a detailed reply within four weeks to the batch of pleas challenging the 1991 law. The court also clarified that no further suits challenging the origin of religious places can be registered in the country till it hears and disposes of the pending petitions. It, meanwhile, allowed pleas of various parties including Muslim bodies seeking to intervene in the proceedings.Appearing for the Centre, Solicitor General (SG) Tushar Mehta agreed to file the reply within four weeks. Many Political parties such as CPI (M), Indian Union Muslim League (IUML), NCP (Sharad Pawar) MLA Jitendra Awhad, RJD MP (Member of Parliament) Manoj Kumar Jha, MP Thol Thirumavalan have sought to intervene in the matter, supporting the Places of Worship Act.The top court is seized of many pleas, including one filed by Bharatiya Janata Party (BJP) leader and lawyer, Ashwini Kumar Upadhyay, seeking a direction that Sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside.Another plea was filed by former Rajya Sabha MP Subramanian Swamy, against the provisions of the 1991 law. Swamy wanted the apex court to “read down” certain provisions to enable Hindus to stake claim over the Gyanvapi Mosque in Varanasi and Shahi Idgah Mosque in Mathura.



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