Apex Court constitutes three judge bench to hear challenges to places of worship Act
Supreme Court is set to hear a batch of pleas on December 12 challenging the validity of the Places of Worship Act, which mandates maintaining the status quo of all places of worship as existed on August 15, 1947.
The Chief Justice of India (CJI), Sanjiv Khanna, has constituted a special three-judge bench–comprising himself, Justice Sanjay Kumar, and Justice KV Vishwanathan–to hear the case, which has been pending before the court since 2020.
The Places of Worship Act, of 1991, directs to maintain the status quo of all places of worship as they existed when India gained independence on August 15, 1947.
It prohibits the conversion of any place of worship to another religion and abates any legal proceedings concerning such conversions.
The Act has recently been a subject of legal discourse and proceedings, particularly in disputes concerning places of worship, including the Gyanvapi-Kashi Vishwanath temple dispute.
In addition to pleas challenging the Act, the court is also hearing pleas supporting it and seeking directions for its proper enforcement.
The case was earlier listed for December 5 but could not be taken up due to a lack of time.
The lead petition filed by BJP leader Ashwini Kumar Upadhyay challenges the constitutional validity of Sections 2, 3, and 4 of the Act, asserting that these provisions not only contravene constitutional articles but also undermine the principle of secularism.
It contends that the Act denies judicial remedies for alleged “barbaric acts” of the past.
Similarly, a plea by the Vishwa Bhadra Pujari Purohit Mahasangh argues that the Act obstructs Hindu devotees’ rights to seek redress against encroachment.
BJP leader Subramanian Swamy’s petition claims the Act infringes on the right to practice religion by restricting devout Hindus from worshipping at temples impacted by historical foreign aggression and conversions.
Meanwhile, the Jamiat Ulema-i-Hind, a leading Muslim scholars’ organization, has sought directions for enforcing the Act’s provisions.
The Gyanvapi Mosque Committee has also applied to intervene in the pleas challenging the validity of the Act.
The Committee of Management Anjuman Intezamia Masajid Varanasi, which manages the Gyanvapi Mosque, argued that the masjid has been made the subject of a litany of cleverly drafted suits and the committee is, therefore, a crucial stakeholder in the challenge to the 1991 act.
The Supreme Court first issued a notice to the Centre seeking a response to the challenge in March 2021.
Since then, notices have been issued on several related pleas and applications, consolidating them for a joint hearing. Despite multiple extensions, the Centre has yet to file its response.
The case’s last order, dated November 30 last year, recorded that the Union of India had not submitted its counter affidavit.
