Express News Service
NEW DELHI: The Supreme Court on Wednesday posted for July the pleas challenging constitutionality of provisions of Places of Worship Act, 1991, a law that protects the identity and character of religious places prevailed as on August 15, 1947.
The provisions of the Act, as per Section 5, however, do not apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya and also to any pleas suit, appeal or other proceeding related to the place or place of worship.
Noting that the Union has failed to clear its stand, a bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala directed for listing the matter before a three-judge bench in July. Earlier on January 9, a bench of CJI DY Chandrachud and Justice PS Narasimha agreed to post the plea after February, after the bench was informed that the Centre was “consulting” and the “process was going on”.
Noting Senior Advocate Kapil Sibal’s contention regarding maintainability of the pleas, the bench clarified that the same will be considered first. “This is legislation in terms of which certain observations were made in Ram Janmabhoomi verdict. Such pleas can’t be in the form of PIL qua judgment of court. How can you review the judgment? There cannot be PIL qua an act. Please not my preliminary objections,” Sibal had earlier argued.
Considering his submissions, the bench said the objections pertaining to maintainability will be heard first. “Senior Advocate Kapil Sibal seeks to raise preliminary objections to the maintainability of the pleas,” bench said. Questioning the Centre’s act of delay in filing a comprehensive affidavit, Advocate Vrinda Grover, appearing for All-India Muslim Personal Board and Jamiat Ulema i Hind, said that religious character of Kashi and Mathura were being sought to be altered.
Also in top court
Naga order barring women quota stayed SC stayed the Nagaland government order cancelling scheduled local body polls with 33% reservation for women. A bench of Justice SK Kaul and Justice Ahsanuddin Amanullah came down on the State and sought its reply in a contempt plea thta alleged non-compliance of the order of the apex court. The SC order had directed the State Government and the Nagaland State Election Commission to hold local body elections in the state.
Asks Allahabad HC to hear Azam’s pleaSC asked Allahabad HC to decide disqualification plea of Samajwadi Party MLA Mohammad Abdullah Azam Khan wherein he has sought relief at the earliest. A bench comprising justices KM Joseph and BV Nagarathna asked the HC to hear the matter on April 10 and decide the application for stay.
Plea junked against renaming Maha cityThe apex court refused to entertain a plea challenging Maharashtra’s decision to rename Aurangabad as ‘Chhatrapati Sambhajinagar’ as a similar matter is pending before the Bombay HC. SC two weeks ago had junked a plea over the same matter since the Bombay HC had already taken cognisance of it.
NEW DELHI: The Supreme Court on Wednesday posted for July the pleas challenging constitutionality of provisions of Places of Worship Act, 1991, a law that protects the identity and character of religious places prevailed as on August 15, 1947.
The provisions of the Act, as per Section 5, however, do not apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya and also to any pleas suit, appeal or other proceeding related to the place or place of worship.
Noting that the Union has failed to clear its stand, a bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala directed for listing the matter before a three-judge bench in July. Earlier on January 9, a bench of CJI DY Chandrachud and Justice PS Narasimha agreed to post the plea after February, after the bench was informed that the Centre was “consulting” and the “process was going on”.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
Noting Senior Advocate Kapil Sibal’s contention regarding maintainability of the pleas, the bench clarified that the same will be considered first. “This is legislation in terms of which certain observations were made in Ram Janmabhoomi verdict. Such pleas can’t be in the form of PIL qua judgment of court. How can you review the judgment? There cannot be PIL qua an act. Please not my preliminary objections,” Sibal had earlier argued.
Considering his submissions, the bench said the objections pertaining to maintainability will be heard first. “Senior Advocate Kapil Sibal seeks to raise preliminary objections to the maintainability of the pleas,” bench said. Questioning the Centre’s act of delay in filing a comprehensive affidavit, Advocate Vrinda Grover, appearing for All-India Muslim Personal Board and Jamiat Ulema i Hind, said that religious character of Kashi and Mathura were being sought to be altered.
Also in top court
Naga order barring women quota stayed
SC stayed the Nagaland government order cancelling scheduled local body polls with 33% reservation for women. A bench of Justice SK Kaul and Justice Ahsanuddin Amanullah came down on the State and sought its reply in a contempt plea thta alleged non-compliance of the order of the apex court. The SC order had directed the State Government and the Nagaland State Election Commission to hold local body elections in the state.
Asks Allahabad HC to hear Azam’s plea
SC asked Allahabad HC to decide disqualification plea of Samajwadi Party MLA Mohammad Abdullah Azam Khan wherein he has sought relief at the earliest. A bench comprising justices KM Joseph and BV Nagarathna asked the HC to hear the matter on April 10 and decide the application for stay.
Plea junked against renaming Maha city
The apex court refused to entertain a plea challenging Maharashtra’s decision to rename Aurangabad as ‘Chhatrapati Sambhajinagar’ as a similar matter is pending before the Bombay HC. SC two weeks ago had junked a plea over the same matter since the Bombay HC had already taken cognisance of it.
