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| Image Supreme Court of India by Newslines |
New Dehli [Tamsil Shahezad Khan] - In a landmark ruling, the Supreme Court has issued a significant directive preventing trial courts across India from conducting surveys or passing orders regarding existing religious structures, particularly in cases challenging their religious character.
A three-judge bench led by Chief Justice of India Sanjiv Khanna, along with Justices PV Sanjay Kumar and KV Viswanathan, emphasized that the Places of Worship (Special Provisions) Act of 1991 expressly prohibits such suits and proceedings.
Key Highlights of the Order
- The Court mandated that no new suits can be registered challenging the religious status of existing structures.
- Pending suits will be paused, with courts barred from passing any final or effective orders.
- The Central government has been directed to file a counter-affidavit within four weeks.
Background and Implications
The order impacts approximately 18 suits filed by various Hindu organizations seeking rights over Muslim mosques, claiming they were built over ancient temples. Notable cases include disputes over:
- Shahi Jama Masjid in Sambhal
- Gyanvapi Mosque in Varanasi
- Shahi Eidgah Masjid in Mathura
- Ajmer Dargah in Rajasthan
Legal Context
The 1991 law aims to protect the religious character of places of worship as they existed on August 15, 1947, effectively freezing their status at the time of India's independence. The Supreme Court had previously reaffirmed this principle in the Ayodhya verdict, with an exception made for the Ram Janmabhoomi site.
Petitions and Challenges
BJP leader Ashwini Upadhyay has been at the forefront of challenging the Act's validity, arguing that it perpetuates historical injustices. Conversely, the Jamiat Ulama-I-Hind contends that such petitions indirectly target Islamic places of worship.
Court's Reasoning
Justice KV Viswanathan emphasized that lower courts cannot override the Supreme Court's previous guidelines, particularly those established by the five-judge bench in the Ayodhya case.
The Court also appointed nodal counsels for various parties, including Advocate Ejaz Maqbool for enforcing the Place of Worship Act and Advocate Vishnu Jain to represent parties challenging the Act's validity.