On Thursday, the Supreme Court heard a batch of petitions challenging the constitutionality of the Places of Worship (Special Provisions) Act, 1991. The Court ruled that no new lawsuits can be filed in the country until it has heard and resolved the petitions challenging the Act. The Bench, consisting of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, emphasized that as the matter is pending before the Court, no further suits should be registered, and existing suits should not proceed to final orders. The Court questioned whether it would be just for other courts to examine the issue while it is under consideration, particularly given the significance of the Ram Janmabhoomi case.
The provisions under review include Sections 2, 3, and 4 of the Act, which prevent the alteration of the status of religious sites and prohibit lawsuits challenging their status as of August 15, 1947. The petitioners argue that the Act infringes on the rights of Hindus, Jains, Buddhists, and Sikhs to reclaim and manage their places of worship, violating their constitutional rights under Articles 25, 26, and 29. The outcome of this case could influence ongoing lawsuits filed by Hindu plaintiffs, who seek the return of properties with Muslim mosques, claiming these mosques were built over ancient temples.
Notable ongoing disputes involve the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Masjid in Mathura, and the Ajmer Dargah in Rajasthan. Muslim parties have challenged the validity of these suits, citing the Places of Worship Act, as reported by Bar and Bench.
