The Splendid Court docket on Wednesday agreed to mend a date for the general listening to of petitions difficult the constitutional validity of sure provisions of the Puts of Worship (Particular Provisions) Act, 1991, which bars recent fits to reclaim or regulate the nature of puts of worship because it stood on August 15, 1947.
A Bench comprising Leader Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi used to be prompt by way of senior recommend Rakesh Dwivedi, showing for petitioner Ashwini Upadhyay, to start ultimate arguments, noting that problems have been framed way back to October 12, 2022.
Dwivedi identified that the Centre, which have been directed to report its reaction by way of October 31, 2022, used to be but to put up its affidavit.
“We can repair a date for the general listening to,” the Leader Justice stated, including that two nine-judge Bench issues have been already scheduled for March and April. “Allow us to see. We can finalise the listening to dates after the 9-judges bench case,” he seen.
The court docket declined a plea in search of restraint on a Rajasthan civil court docket from passing efficient orders within the Ajmer dargah subject.
The Bench clarified that mere issuance of notices or calling for replies would no longer warrant interference.
On December 12, 2024, the apex court docket had directed courts around the nation to not entertain recent fits or move period in-between or ultimate orders in pending circumstances in search of reclamation of non secular puts, together with mosques and dargahs, till additional instructions.
A few of the petitions underneath problem is one filed by way of recommend Ashwini Upadhyay in search of to strike down Sections 2, 3 and four of the Act, contending that they curtail the precise to judicial treatment to reclaim puts of worship.
Former Rajya Sabha member Subramanian Swamy has sought a “studying down” of sure provisions to allow claims over the Gyanvapi mosque in Varanasi and the Shahi Idgah in Mathura. Upadhyay, on the other hand, has argued that all of the statute is unconstitutional.
Opposing the pleas, Jamiat Ulama-i-Hind has cited the Charter Bench verdict within the Ram Janmabhoomi-Babri Masjid case, the place the 1991 legislation used to be referred to and upheld as reflecting constitutional dedication to secularism.
The 1991 Act mandates upkeep of the non secular persona of puts of worship because it existed on August 15, 1947, with the Ayodhya dispute being the only exception.
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