A Special Bench of the Supreme Court comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan will hear at 3.30 PM today a batch of petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
The Act prohibits the conversion of the religious character of places of worship from what they were as on August 15, 1947.
he lead petition (Ashwini Kumar Upadhyay v. Union of India) was filed in 2020, in which the Court issued notice to the Union Government in March 2021. Later, few other similar petitions were filed challenging the statute.
The Union Government is yet to file its counter-affidavit in the matter, despite several extensions given by the Court. The Act became an focal point of public discussion recently in view of the violent events which followed the survey of the Sambhal Jama Masjid in Uttar Pradesh.
Follow this page for live updates from the hearing.
Detailed report of today’s hearing in this link- Supreme Court Stops Registration Of New Suits Against Places Of Worship, Bars Passing Of Final/Survey Orders In Pending Suits
#BREAKING No fresh suits can be registered against places of worship : Supreme Court
Order: No effective interim or final orders will be passed, including on surveys, till next date
CJI: We are examining vires…ambit of the Act. When we are examining, will it be proper for other courts…NO EFFECTIVE ORDERS TO BE PASSED INCLUDING SURVEYS WILL BE PASSED
Counsel’s object: We have not been heard, interim order is being passed…CJI: At this stage, there are 2 things. Matter requires consideration. Will it not be proper that other courts stay hands in the meantime?
Order: … we deem it appropriate that fresh suits may be filed, but no suits would be registered and proceedings undertaken till further orders. In pending suits, courts would not pass effective/final orders.
Order:…is with regard to Sections 3 and 4 of the Act…as well as width and expanse of the sections…as the matter is sub-judice before this court…
Order: It is pointed out that several other issues also arise. It is to be noted that W.P.782/2022 notice was issued vide order dt. 09.09.2022, which seeks proper implementation and enforcement of the Act. Counter not filed. Primary issue…
Order: Mr Eijaz Maqbool appointed nodal counsel for parties seeking enforcement of the Act. Earlier, this court had referred to contentions of parties and framed several questions of law which arise for consideration