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.”As the matter is sub-judice before this Court, we deem it appropriate to direct that while suits may be filed, no suits would be registered and proceedings undertaken till further orders of this Court. We also direct that in the pending suits, the Courts would not pass any effective interim orders or final orders, including orders of survey till the next date of hearing,” 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 order would effect at least ten such petitions filed in various courts of the country, challenging the ownership of religious places including the Gyanvapi masjid in Varanasi and the Shahi Eidgah masjid in Mathura. 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. 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.Appearing for the Centre, Solicitor General (SG) Tushar Mehta agreed to file the reply within four weeks. 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.
Source link