No court to entertain, pass directions in cases of religious places till further orders: SC

SC halts mosque survey Pleas, sets the stage for a showdown over Places of Worship Act

In a significant development, the Supreme Court on Thursday restrained all courts from entertaining fresh lawsuits and passing any effective interim or final orders in pending cases seeking survey or to reclaim religious places, especially mosques, and dargahs. Observing the court couldn’t decide the matter without the Centre’s response, the Bench comprising Chief Justice Sanjiv Khanna, Justices Sanjay Kumar, and K V Viswanathan asked the government to file its reply to the pleas and cross in four weeks. The apex court also granted a further four weeks to other parties to file their rejoinder after the Centre filed its reply.

“As the matter is sub-judice in this court, we deem it appropriate that no fresh suit would be registered and proceedings are undertaken till further orders of this court,” the CJI-led bench said. The order stalls proceedings in about 18 lawsuits filed by various Hindu parties seeking a survey to ascertain the original religious character of 10 mosques including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura, and Shahi Jama Masjid at Sambhal where four persons’ live were snuffed out in clashes.

The special bench was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay and BJP leader Subramanian Swamy, challenging various provisions of the Places of Worship (Special Provisions) Act, 1991. The 1991 law prohibits the 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 Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.

Several cross petitions seek strict implementation of the 1991 law to maintain communal harmony and to preserve the present status of mosques, which sought to be reclaimed by Hindus on the ground that they were temples before invaders razed them. The bench made it clear that it would be examining the “vires (legality), contours and ambit” of the 1991 law and it was imperative to ask other courts to “stay off their hands” till it passed any further orders.

“In pending suits, the courts will not pass any effective interim or final order, including order of survey, till further orders,” the bench said. Senior advocate J Sai Deepak, appearing for a Hindu party, opposed the order restraining all other courts and said the parties should have been heard before such a direction. The CJI said it was quite natural to ask courts not to pass any order as the Supreme Court was hearing the larger issue. The bench said if the parties insisted then, the matter could be sent to a High Court.

“Can the trial courts overreach the Supreme Court,” asked the bench and said the apex court was already dealing with the validity of the law. Notably, the bench had issued notice to parties, including the Centre, on the lead petition in September 2022. The bench also appointed nodal counsel to assist it in the hearing of the pleas which would be listed after eight weeks.

During the hearing, the bench asked, “How many suits are pending now“. One of the advocates said a total of 18 suits pertaining to 10 mosques were pending in several courts across the country. “Ultimately, we will have to hear the arguments,” the bench said, observing the primary issue was with regard to Sections 3 and 4 of the 1991 law. While Section 3 deals with the bar of conversion of places of worship, Section 4 pertains to the declaration as to the religious character of certain places of worship and the bar of jurisdiction of courts, etc.

The bench also allowed the pleas of various parties including Muslim bodies seeking to intervene in the proceedings. Various Muslim parties, including the Gyanvapi Mosque management committee, moved the apex court to oppose several pending petitions that challenge the constitutional validity of the 1991 law.

The mosque committee listed a series of contentious claims made over the years concerning various mosques and dargahs (shrines), including the Shahi Idgah Masjid in Mathura, the Quwwat-ul-Islam Mosque near Delhi’s Qutub Minar, the Kamal Maula Mosque in Madhya Pradesh, and others. It therefore said the petitions challenging the Act were filed with “mischievous intent” to facilitate lawsuits against these religious sites, which the 1991 Act currently protected.

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