New Delhi : The Supreme Court of India has restrained all courts across the country from passing any effective interim or final orders, including orders for surveys, in pending suits against existing religious structures.
A bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan also directed that no fresh suits can be registered regarding such claims while the court hears pleas challenging the Places of Worship (Special Provisions) Act, 1991.
The court stated, “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. In the pending suits, courts would not pass any effective interim order or final orders, including orders of survey.”
Currently, 18 suits are pending across the country against 10 mosques or shrines.
The bench granted the Central Government four weeks to file an affidavit addressing a batch of petitions challenging certain provisions of the Places of Worship Act, 1991. The Act prohibits lawsuits aimed at reclaiming a place of worship or seeking to change its character from what prevailed on August 15, 1947.
The petitions argue that the Act infringes on the rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship and pilgrimage that were destroyed by invaders. Prominent petitioners include members of the Kashi Royal Family, BJP leader Subramanian Swamy, and several religious leaders and advocates.
The 1991 Act aims to prohibit the conversion of any place of worship and maintain the religious character of all places of worship as they existed on August 15, 1947.
Opposition to the petitions has come from groups like Jamiat Ulama-i-Hind, the Indian Muslim Personal Law Board, and mosque committees, which argue that entertaining these pleas could open a floodgate of litigations against mosques nationwide. They have sought the dismissal of petitions challenging the Act.
One plea points out that the Act excludes the birthplace of Lord Rama but includes that of Lord Krishna, despite both being incarnations of Lord Vishnu. It contends that this provision discriminates against Hindus, Jains, Buddhists, and Sikhs, infringing on their constitutional rights under Articles 25, 26, and 29.
Sections 3 and 4 of the Act bar the conversion of places of worship and prevent filing lawsuits or legal proceedings to alter their religious character as it existed on August 15, 1947.
The petitions claim that the Act violates secularism, the rule of law, and fundamental rights, including the right to judicial remedy, and that it arbitrarily protects religious encroachments made by invaders.
The Supreme Court’s interim order aims to ensure that no further legal actions disrupt the status quo while the constitutional validity of the Act is reviewed.
