Places of Worship Act: Govt Yet to File Response; Jamiat questions Centre’s Silence

New Delhi: The Supreme Court on Monday deferred the hearing of the pleas concerning the Places of Worship Act 1991 to April. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar directed that the matter be listed for hearing in the week commencing April 1. Notably, the matter was earlier heard by a three-judge bench comprising CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan.
Supreme Court is examining, on one hand, petitions questioning the constitutional validity of the Act, and on the other hand, petitions from Jamiat Ulama-e-Hind President Maulana Mahmood Asad Madani and others, urging the strict enforcement of the Act. Since the Chief’s Court was sitting in a two-judge combination today, the matter was adjourned.
The Representing Jamiat, advocates Mansoor Ali Khan and Niaz Ahmed Faruqui appeared before the Court. The Jamiat lawyers raised concerns over the government’s continued silence and failure to submit its reply, urging that the Government should promptly file its response, considering the nation’s integrity, the sensitivity of the issue, and the need for the law to be respected.
The Union Government is yet to file its counter-affidavit in the matter, despite the several time extensions given by the Supreme Court. On July 11, 2023, the Court asked the Union to file the counter by October 31, 2023. Notably, the bench comprising Chief Justice of India Sanjiv Khanna, Justices PV Sanjay Kumar and KV Viswanathan on December 12 passed a significant order halting fresh suits and survey orders against religious places. The Court also ordered that in pending suits (such as those concerning Gyanvapi mosque, Mathura Shahi Idgah, Sambhal Jama Masjid etc.), the Courts should not pass effective interim or final orders, including orders for survey. The interim order was passed while hearing a batch of petitions challenging the Places of Worship (Special Provisions) Act, 1991 and also a petition seeking the implementation of the Act.
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