CJI-led bench to hear challenge to Places of Worship Act on Tuesday
Hindustan TimesThe Supreme Court has constituted a special bench to hear a batch of petitions challenging the Places of Worship Act, 1991 amid concerns raised over multiple suits being filed across the country by Hindu parties seeking survey of ancient mosques to verify the presence of ancient temple ruins lying underneath. Petitions The lead petition in the batch of cases is filed by Bharatiya Janata Party leader and lawyer Ashwini Kumar Upadhyay who alleges that the 1991 law violated Article 25 and Article 26 of the Constitution, besides being discriminatory by barring religious communities from approaching courts to restore their places of worship. The order said, “Considering the issue involved in these matters, in our view, the matters are eminently suitable to be heard by a bench of three judges of this court.” Jamiat’s petition filed by advocate Ejaz Maqbool said, “Muslim places of worship are being made the subject matter of frivolous controversies and suits, which are patently barred under the 1991 Act.” While deciding the Ayodhya title suit in November 2019, a five-judge bench of the top court had said, “The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution. In his memorial lecture in honour of former CJI AM Ahmadi on the topic ‘Secularism and the Indian Constitution’, the former judge referred to the multiple suits pending in the country as “hydra heads popping all over the country” and said that the five pages of the Constitution Bench in the Ayodhya title suit case dealing with the 1991 Act is sufficient to dismiss these suits.