The Supreme Court on Monday deferred to April first
week the hearing on a batch of pleas relating to the Places of Worship (Special
Provisions) Act, 1991.
A bench comprising Chief Justice Sanjiv Khanna and
Justice Sanjay Kumar said the matter will be heard by a three-judge bench.
Earlier in the morning, the top court expressed its
displeasure over the filing of several fresh pleas in a case related to
validity of the Places of Worship (Special Provisions) Act, 1991 which mandates
the religious character of a place to be maintained as it existed on August 15,
1947.
"We might not be able to take it up", the
CJI said when senior advocate Indira Jaising, appearing for a litigant,
mentioned a fresh plea for hearing during the day.
At the outset of the day's proceedings, the senior
advocate mentioned the matter.
"There is a limit to which petitions can be
filed. So many IAs (interim applications) have been filed we might not be able
to take it up", the CJI said, adding that a date may be given in March.
The top court, through its December 12, 2024 order,
effectively stalled proceedings in about 18 lawsuits filed by various Hindu
parties seeking survey to ascertain original religious character of 10 mosques,
including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama
Masjid, at Sambhal where four people died in clashes.
It had then listed all the petitions for an
effective hearing on February 17.
Post December 12, several petitions have been filed,
including by AIMIM chief Asaduddin Owaisi, Samajwadi Party leader and Kairana
MP Iqra Choudhary and the Congress Party, seeking effective implementation of
the 1991 law.
Choudhary, the Lok Sabha MP from Uttar Pradesh's
Kairana, on February 14 sought to curb the increasing trend of legal actions
targeting mosques and dargahs, which he submitted threaten communal harmony and
the secular fabric of the country. The top court previously agreed to examine a
separate plea of Owaisi with a similar prayer.
The Akhil Bhartiya Sant Samiti, a Hindu outfit, had
moved the top court seeking to intervene in cases filed against the validity of
provisions of the 1991 law.
Earlier, the bench was hearing about six petitions,
including the lead one filed by lawyer Ashwini Upadhyay, challenging various
provisions of the 1991 law.
The law prohibits conversion of any place of worship
and provides for the maintenance of the religious character of any place of
worship as it existed on August 15, 1947.
However, the dispute relating to Ram
Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.
Muslim bodies like the Jamiat Ulama-i-Hind seek
strict implementation of the 1991 law to maintain communal harmony and to
preserve the present status of mosques, sought to be reclaimed by Hindus on
grounds that they were temples before invaders razed them.
On the other hand, petitioners like Updhyay have
sought setting aside of Sections 2, 3 and 4 of the Act.
Among the reasons was also the contention that these
provisions took away the right of judicial remedy to reclaim a place of worship
of any person or a religious group.
"Ultimately, we will have to hear the
arguments," the bench had said, observing the primary issue was with
regard to Section 3 and 4 of the 1991 law.
While Section 3 deals with the bar of conversion of
places of worship, Section 4 pertains to declarations as to the religious
character of certain places of worship and bar of jurisdiction of courts, etc.
The Gyanvapi Mosque management committee, in its
intervention plea, opposed several pending petitions that challenge the
constitutional validity of the 1991 law.
The mosque committee listed a series of contentious
claims made over the years concerning various mosques and dargahs (shrines),
including the Shahi Idgah Masjid in Mathura, the Quwwat-ul-Islam Mosque near
Delhi's Qutub Minar, the Kamal Maula Mosque in Madhya Pradesh, and others.
It, therefore, said the petitions challenging the
Act were filed with "mischievous intent" to facilitate lawsuits
against these religious sites, which the 1991 Act currently protected.