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Places Of Worship Act: No Suits,Orders Or Surveys On Religious Places Till Next Hearing,Says SC
A bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan gave this direction on the petitions and counter petitions related to the Places of Worship (Special Provisions) Act, 1991. According to this law, the religious nature of the places of worship existing on August 15, 1947 will remain the same as it was on that day. It prohibits filing a suit to re-claim any religious place or change its nature.
The apex court said, "We are examining the powers, nature and scope of the 1991 Act." The bench asked all other courts to stay away from this matter. Several lawyers appearing for the Hindu side opposed the order, saying that the order should not be passed without hearing them. The bench said that it would allow a hearing after the arguments were completed. Meanwhile, the court accepted the petitions of various parties, including Muslim bodies, requesting to intervene in the proceedings.
Six petitions are pending in the apex court in this regard, one of which has been filed by Ashwini Upadhyay. Upadhyay has sought the repeal of sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991. One of the arguments made in the petition is that these provisions take away the right of an individual or religious group to seek judicial redressal to reclaim their place of worship.
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