The Supreme Court has said that it will put up for early hearing the petitions challenging the validity of the Places of Worship Act of 1991. This hearing may take place after April. The court gave this assurance when the parties to the case requested for an early hearing. The parties had drawn the court’s attention to the fact that it had decided the questions for hearing in 2022 itself.
What is the matter?
The Places of Worship Act of 1991 says that the status of every religious place in the country as it was on August 15, 1947, cannot be changed. Many petitions have been filed in the Supreme Court challenging this law. It has been said in these petitions that this law deprives Hindu, Jain, Sikh and Buddhist communities from demanding their rights. It is the constitutional right of every citizen to bring any issue to the court.
Many petitions in support of the Act
Supporting the Places of Worship Act, Jamiat Ulema-e-Hind, an organization of Sunni Muslim clerics, had also filed a petition in 2020 itself. Jamiat says that apart from the Ayodhya dispute, the Supreme Court itself had said that the Places of Worship Act should be followed in other cases, hence, now the petitions challenging this law should not be heard. Apart from Jamiat, many people including All India Muslim Personal Law Board, Congress, Asaduddin Owaisi, RJD MP Manoj Jha, NCP leader Jitendra Awhad, CPM leader Prakash Karat have filed petitions demanding that the Supreme Court should dismiss all the petitions challenging the Places of Worship Act. He has said that this law is according to the secular structure of India.
There is a ban on issuing effective orders
On December 12, 2024, the Supreme Court had banned filing of new cases against religious places across the country. The court had said that the hearing in the pending cases can continue, but the lower courts should not give any effective or final order. Lower courts should not even order a survey at present. The Supreme Court had given this order while hearing the petitions filed in favor and against the Places of Worship Act.
Petition filed regarding Ajmer not heard
In the hearing held on Wednesday, February 18, a petition regarding Ajmer Dargah was also listed for hearing, but the bench headed by Chief Justice Surya Kant refused to hear it. The petitioner had opposed the ongoing lawsuit regarding the claim of Ajmer Dargah being a Hindu temple. He said that the action of the lower court is contrary to the order issued by the Supreme Court.
What did the court say?
The Supreme Court refused to hear the matter saying that the petitioner is not a party to the case going on before the Civil Judge of Ajmer. The judges also said that it does not seem like a big deal for a lower court judge to issue a notice on just one case. He has not given any effective order. However, the court made it clear that if any order comes from any court of the country contrary to its orders, then it will look at it and take appropriate action.
