The Supreme Court of India, in an authoritative order dated December 12, directed all trial courts across the nation to refrain from issuing any effective or final orders in suits contesting the religious character of existing structures, in light of the Places of Worship (Special Provisions) Act, 1991. The Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan emphasised that no fresh suits shall be instituted, nor proceedings advanced, until the validity of the 1991 Act is determined.
This directive aligns with the Supreme Court&rsquo;s interpretation of the Act in its 2019 Ayodhya judgment. The Constitution Bench in that landmark ruling upheld the Act&rsquo;s intent to preserve the status quo of religious sites as they existed on August 15, 1947. &ldquo;When a matter is pending before us, it is neither just nor fair for subordinate courts to adjudicate on issues intertwined with the validity or ambit of the Act,&rdquo; the Court observed.
The 1991 Act prohibits the institution of legal proceedings to alter the character of religious places as they stood at independence, providing exceptions solely for the Ram Janmabhoomi site, which was exempted from its purview.
Petitions and Challenges The Bench issued its directions while hearing multiple petitions challenging the constitutional validity of the Act. Among the notable petitioners is Bharatiya Janata Party (BJP) leader Ashwini Upadhyay, who contended that the Act perpetuates illegalities by protecting encroachments made during invasions and denies legal recourse to aggrieved communities such as Hindus, Jains, Buddhists, and Sikhs.
In contrast, the Jamiat Ulama-i-Hind, through an impleadment application in June 2022, argued that these petitions indirectly target Islamic religious sites under the guise of questioning the Act&rsquo;s provisions. Additional pleas, including those filed by the Vishwa Bhadra Pujari Purohit Mahasangh, have sought similar reliefs.
Impact on Pending Suits Several high-profile suits currently before courts challenge the ownership or religious character of structures such as the Gyanvapi Mosque in Varanasi, Shahi Eidgah in Mathura, Shahi Jama Masjid in Sambhal, and the Ajmer Dargah. Defendants in these cases have relied on the 1991 Act to contest their maintainability. The Supreme Court&rsquo;s decision to stay further judicial activity in such cases is anticipated to provide interim clarity pending the final adjudication on the Act&rsquo;s constitutionality.
Historical Context and Legislative Intent Enacted amidst the heightened communal tensions of the Ram Janmabhoomi movement, the 1991 Act seeks to avert disputes by freezing the religious character of all places of worship as of 1947. It explicitly abates ongoing litigation concerning such disputes, except for the Ayodhya matter, which culminated in a Supreme Court judgment awarding the disputed land to the deity Ram Lalla while affirming the Act&rsquo;s broader applicability.
Implications of the Supreme Court&rsquo;s Order The Court&rsquo;s directive underscores its commitment to judicial discipline and the prevention of piecemeal adjudications on issues pivotal to national harmony. As the matter proceeds, the resolution will likely influence ongoing disputes and shape the contours of India&rsquo;s secular jurisprudence.
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Religious site disputes frozen; validity of 1991 law in question

Supreme Court Halts Religious Site Orders Pending 1991 Act Review

Religious site disputes frozen; validity of 1991 law in question

December 12, 2024 | 16:46 IST