Supreme Court stays surveys, fresh suits against existing religious structures

Places of Worship (Special Provisions) Act of 1991 prohibits institution of such suits and the same cannot proceed until the validity of the 1991 law itself is decided.

PTK NEWS MONITORING DESK

Delhi, December 12 (PTK) : The Supreme Court hearing a batch of petitions challenging provisions of the Places of Worship (Special Provisions) Act of 1991 which protects religious character of structures as it stood on August 15, 1947 today stayed surveys and fresh suits against existing religious structures in the country. The court directed trial courts across the country to not pass any effective orders or surveys against existing religious structures in suits filed disputing the religious character of such structures.
A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan said that the Places of Worship (Special Provisions) Act of 1991 expressly prohibits institution of such suits and the same cannot proceed until the validity of the 1991 law itself is decided.
“As the matter is sub-judice before this court we deem it fit to direct that no fresh suits shall be registered or proceedings be ordered. In the pending suits, courts would not pass any effective order or final orders. When a matter is pending before us, is it just and fair for any other court to examine it. We are on vires as well as ambit of the act,” the Court directed.
“The matter is sub judice. No further suits can be registered till we hear and dispose of the case,” the Court said.
According to the media reports, the order will impact at least 18 suits filed by various Hindu organisations and individuals seeking rights over Muslim mosques on claims that these mosques were built over ancient temples.These suits include those concerning the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Masjid in Mathura and the Ajmer Dargah in Rajasthan. The Muslim parties have opposed the maintainability of such suits by citing the Places of Worship Act.
Notably, the law seeks to protect the status of all religious structures as it stood on the date of independence (August 1947) by barring courts from entertaining cases which raise dispute over the character of such places of worship:-(PTK)