Supreme Court Restricts Filing of New Suits on Places of Worship Amid Challenge to 1991 Act
On Thursday (December 12), the Supreme Court ruled that no new suits could be registered concerning places of worship while it hears petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
The Court further directed that in ongoing suits—such as those involving the Gyanvapi Mosque, Mathura Shahi Idgah, and Sambhal Jama Masjid—no effective or final orders, including survey orders, should be passed.
However, the Court declined to stay proceedings in pending cases concerning places of worship, including mosques and dargahs. The Union Government was directed to submit its counter-affidavit in response to the petitions within four weeks, with instructions to upload the affidavit online for public access.
A special bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan delivered the order.
“As the matter is sub judice before this Court, we deem it appropriate to direct that while suits may be filed, no suits will be registered or proceedings undertaken until further orders. In ongoing suits, courts are directed not to issue any effective interim or final orders, including those concerning surveys,” the bench stated.
It was disclosed that 18 suits are currently pending across the country concerning 10 mosques and shrines.
The Court was hearing a batch of petitions that challenge the 1991 Act, which prohibits altering the religious character of places of worship as they existed on August 15, 1947.
A writ petition by Jamiat Ulema-i-Hind seeking enforcement of the Act was also listed during the hearing. Multiple intervention applications were submitted by political parties, including the CPI(M), Indian Union Muslim League, DMK, RJD MP Manoj Kumar Jha, and NCP MP Jitendra Awhad, advocating for the Act’s protection.
The lead petition, Ashwini Kumar Upadhyay v. Union of India, was filed in 2020, with the Court issuing notice to the Union Government in March 2021. Subsequently, several similar petitions were filed.
The Court appointed Advocates Kanu Agarwal, Vishnu Shankar Jain, and Ejaz Maqbool as nodal counsel to prepare compilations for the Union, petitioners, and supporters of the Act, respectively.
