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Places Of Worship Act: No Suits,Orders Or Surveys On Religious Places Till Next Hearing,Says SC

 NEW DELHI: The Supreme Court on Thursday ruled that no suit petitions related to the Places of Worship Act, 1991, will be registered and till further orders, stopped all the courts of the country from considering any case related to the request for relief including survey of places of worship under the 1991 law and from passing any effective interim or final order.The court has also banned the order of survey of any place of worship or structure.

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 bench said that no new suit will be filed or registered till its next order and in pending cases, the courts will not pass any "effective interim or final order" till its next order. The court asked the Center to file a reply to these petitions within four weeks. The court also gave four weeks to the concerned parties to file a reply after the Center filed its reply to the petitions.

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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