Supreme Court adjourns hearing on Places of Worship Act petitions, calls for limit on intervention applications

Hearing deferred due to bench composition

The Supreme Court on Monday postponed the hearing of petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991, which maintains the religious status of places as they existed on August 15, 1947.

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice P V Sanjay Kumar stated that the matter requires a three-judge bench, whereas the current bench had only two judges. As a result, the hearing was deferred to a later date.

The CJI also raised concerns over the growing number of intervention applications in the case, stressing the need to limit such filings.

CJI expresses concern over excessive petitions

“We will not take up the Places of Worship Act matter today. It requires a three-judge bench. Too many petitions have been filed. We will list it sometime in March. There should be a limit on intervention applications,” stated the CJI.

Several political and religious organizations, including the Indian National Congress Party, CPI(ML), AIMIM leader Asaduddin Owaisi, Jamiat Ulama-I-Hind, the India Muslim Personal Law Board, Committee of Management Anjuman Intezamia Masjid (which oversees the Gyanvapi mosque), and the Shahi Idgah mosque committee of Mathura, have filed applications opposing the petitions challenging the Act.

These organizations argue that allowing challenges to the 1991 law could lead to a surge of lawsuits against religious sites across India. They urged the Supreme Court to dismiss the petitions questioning the Act’s validity.

Key sections of the Act under challenge

The Supreme Court is handling multiple petitions seeking either a challenge to or strict enforcement of the Places of Worship Act, 1991. The constitutional validity of sections 2, 3, and 4 has been questioned on the grounds that they allegedly violate secularism, the rule of law, and fundamental rights enshrined in the Constitution, such as equality and freedom of religion.

The Act prohibits altering the religious character of any place of worship and imposes strict penalties for violations.

SC restricts fresh suits on religious sites

On December 12, the Supreme Court directed all lower courts across India to refrain from passing any interim or final orders related to ongoing disputes about religious structures.

The court also ruled that no new lawsuits should be registered regarding such claims while it is still hearing the petitions challenging the 1991 Act.

Petitioners seeking changes to the Act

Several individuals, including Maharaja Kumari Krishna Priya (daughter of the Kashi Royal Family), BJP leader Subramanian Swamy, former MP Chintamani Malviya, retired army officer Anil Kabotra, and religious leaders Swami Jeetendranand Saraswati and Devkinandan Thakur Ji, have filed petitions against the 1991 Act.

The Hindu petitioners argue that the Act denies Hindus, Jains, Buddhists, and Sikhs the right to reclaim their places of worship and pilgrimage sites that were destroyed by invaders.

A key contention in their plea states: “The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, despite both being incarnations of Lord Vishnu and equally revered.”

The petitions further claim that the Act prevents individuals from approaching the court, thereby restricting their right to a judicial remedy.

The Supreme Court is expected to hear the matter in March, with significant legal and constitutional debates likely to shape the outcome.

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