SC Halts New Suits, Surveys on Religious Sites Amid Worship Act Case

The Supreme Court on Thursday ordered that no new suits or specific directions for surveys concerning religious sites be entertained by lower courts until it concludes hearing petitions related to the Places of Worship (Special Provisions) Act, 1991. The court also ruled that no effective interim or final orders would be passed in pending cases involving religious properties during this period.

The Bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, is examining the constitutional validity, scope, and ambit of the 1991 law.

The Act was designed to preserve the religious character of places of worship as they existed at the time of India's independence, barring legal disputes over their status, except for the Ram Janmabhoomi site in Ayodhya.

“Our direction includes that no other court shall pass any specific directions for surveys or effective interim orders until we conclude this case,” the CJI stated during the hearing.

Pending Replies and Ongoing Cases

The Supreme Court granted the Central Government four weeks to respond to the batch of petitions, with an additional four weeks allowed for rejoinders by the opposing parties.

The outcome of these proceedings could significantly impact ongoing disputes over religious properties, including prominent cases like the Gyanvapi Mosque in Varanasi, Shahi Eidgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, and the Ajmer Dargah in Rajasthan.

Petitioners in these cases allege that the mosques were constructed over ancient temples, while Muslim organisations argue such claims are barred under the Places of Worship Act.

Diverging Arguments

One of the principal petitioners, Bharatiya Janata Party (BJP) leader Ashwini Upadhyay, contends that the Act perpetuates "injustices" by allowing alleged illegal acts by invaders to remain unchallenged. Meanwhile, organisations like the Jamiat Ulama-i-Hind argue that the Act is being unfairly targeted to undermine Islamic religious sites.

Intervention applications from other petitioners, including the Vishwa Bhadra Pujari Purohit Mahasangh, have also been admitted, and the Supreme Court has permitted Muslim organisations and other interested parties to participate in the hearings.

The 1991 Places of Worship Act

Enacted in 1991, the Act aims to preserve the religious character of places of worship as they stood on August 15, 1947, prohibiting courts from entertaining disputes over their status. However, the Ram Janmabhoomi site in Ayodhya was exempted from the Act, leading to the Supreme Court's historic 2019 judgment.

The ongoing hearings and the final decision are expected to have far-reaching implications for the legal framework governing religious sites in India.