SC refuses to entertain fresh petition challenging Places of Worship Act

There are over six petitions – including one filed by lawyer Ashwini Upadhyay – challenging various provisions of the 1991 law that are already being heard by the top court.

Also read: 'Impossible to deal': SC refuses fresh pleas over Places of Worship Act

‘Petitioner can file interim plea’

On Tuesday, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was urged by Nitin Upadhyay, a law student, that his plea be also heard alongside pending ones.

“We are not inclined to entertain a fresh PIL under Article 32 of the Constitution,” the CJI said.

The bench, however, permitted the law student to file an interim plea for intervening in pending petitions.

Petition challenges Section 4(2)

The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947. However, the dispute relating to the Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.

Upadhyay sought the apex court's direction allowing courts to pass appropriate orders to ascertain the original religious character of a place of worship.

It has challenged Section 4(2) of the Act that barred proceedings to change the religious character, besides prohibiting filing of fresh cases for the same.

Also read: Places of Worship Act part of basic structure of Constitution: Activist

"The Centre has transgressed its legislative power in barring the judicial remedy, which is a basic feature of the Constitution. It is well established that the right to judicial remedy by filing suit in a competent court, cannot be barred and the power of courts cannot be abridged and such denial has been held to be violative of basic feature of the Constitution, beyond legislative power," the plea said.

‘Act doesn’t prohibit scientific survey’

The plea, filed through advocate Shweta Sinha, said the law mandated preservation and maintenance of the religious character of places of worship without barring changes in the "structure, edifice, construction or building" in these places.

"Structural change is permissible to restore the original religious character of the place." The petitioner also said that the Act doesn’t prohibit any scientific or documentary survey to ascertain the religious character of the place.

Also read: Places of Worship Act: SC bars registration of fresh suits till further orders

Court to hear petitions in April

In February, the apex court expressed displeasure over filing of several pleas on the 1991 Act.

The court said a three-judge bench would in April hear the pending post-notice petitions related to the law and granted liberty to some petitioners to file intervention applications in the pending cases by citing new legal grounds. The top court, through its December 12, 2024 order, effectively stalled proceedings in about 18 lawsuits filed by various Hindu parties seeking survey to ascertain original religious character of 10 mosques, including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama Masjid at Sambhal where four people died in clashes.

(With inputs from agencies)