3-judge Special Bench of SC to hear today pleas against Places of Worship Act

New Delhi, Dec 12 (IANS) A three-judge Special Bench of the Supreme Court is slated to hear on Thursday a clutch of petitions challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991.

The Act prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.

As per the causelist published on the website of the apex court, a Special Bench headed by CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and K.V. Viswanathan will hear the matter on December 12.

In March 2021, a Bench headed by then CJI S.A. Bobde sought the Centre's response to the plea filed by advocate Ashwini Upadhyay challenging the validity of certain provisions of the law.

The plea said, "The 1991 Act was enacted in the garb of 'Public order', which is a State subject (Schedule-7, List-II, Entry-1) and 'places of pilgrimages within India' is also State subject (Schedule-7, List-II, Entry-7). So, the Centre can't enact the Law. Moreover, Article 13(2) prohibits the State from making a law to take away fundamental rights but the 1991 Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs, to restore their 'places of worship and pilgrimages', destroyed by barbaric invaders."

It further added, "The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are incarnations of Lord Vishnu, the creator and equally worshipped throughout the world, hence it is arbitrary."

Meanwhile, several intervention/impleadment applications have been moved before the apex court seeking the dismissal of the petitions against the Places of Worship Act.

In its application, the Managing Committee of Varanasi's Gyanvapi Mosque said the consequences of declaring the 1991 Act unconstitutional are bound to be drastic and will obliterate the rule of law and communal harmony.

It said that an Article 32 petition challenging a legislative enactment must indicate the unconstitutionality of the provisions based on constitutional principles and the rhetorical arguments seeking a sort of retribution against the perceived acts of previous rulers cannot be made the basis for a constitutional challenge.

As many as 20 suits are pending before different Varanasi courts seeking to nullify the protection accorded by the 1991 Act and to convert the character of the Gyanvapi Mosque and prevent access of Muslims to the mosque.

In a similar application, the Committee of Management of Mathura’s Shahi Masjid Eidgah said that the law was enacted by Parliament in the interest of the country's progress, which has stood the test of time for more than 33 years.

The mosque committee said that the adjudication of the petitions against the Places of Worship Act is likely to have a significant bearing on the adjudication of its special leave petitions pending before the apex court against the dismissal of their application filed under Order VII Rule 11 of the CPC (Code of Civil Procedure) and the pending suits against the applicant mosque committee.

The Management Committee of Shahi Masjid Eidgah is party to 17 different suits being tried by the Allahabad High Court, where the plaintiffs have staked a claim over the entire parcel of land over which the Shahi Masjid Eidgah has been built, and have further sought the removal of the mosque structure from the said land, claiming the same to have been built over Krishna Janm Sthan.