Places of Worship Act: Supreme Court Bars Registration Of Fresh Suits Against Existing Religious Structures

Places of Worship Act, 1991: In a significant ruling, the Supreme Court of India on Thursday directed trial courts nationwide to refrain from issuing any effective orders or surveys against existing religious structures in cases disputing their religious character. The directive came from a Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan.

Reference to Places of Worship Act, 1991

The Court emphasized that the Places of Worship (Special Provisions) Act, 1991, explicitly prohibits the institution of such suits, and any proceedings in such cases must be paused until the constitutional validity of the Act itself is decided.

“This was affirmed in the Ayodhya verdict by a Constitution Bench of the Supreme Court,” the Bench noted.

The Bench further clarified its stance, stating,”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 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 the ambit of the Act.”

No New Suits Allowed

Reiterating its instructions, the Court asserted that no new suits could be registered regarding such claims while the case is being heard, “The matter is sub-judice. No further suits can be registered till we hear and dispose of the case,” the Bench stated.

The Court was addressing a batch of petitions challenging provisions of the Places of Worship Act, 1991, which aims to maintain the status quo of religious structures as of August 15, 1947. The Act prohibits courts from entertaining cases disputing the religious character of such sites, except for the Ram Janmabhoomi-Babri Masjid site, which was explicitly exempted.

One of the petitioners, Bharatiya Janata Party (BJP) leader Ashwini Upadhyay, contended that the Act perpetuates the consequences of historical invasions by barring legal remedies for aggrieved communities, including Hindus, Jains, Buddhists, and Sikhs. On Upadhyay’s plea, the Supreme Court had issued a notice in 2021.

Jamiat Ulama-I-Hind’s Intervention

In June 2022, Jamiat Ulama-I-Hind sought to join the proceedings, arguing that Upadhyay’s petition indirectly targeted places of worship of Islamic character. Other parties, including the Vishwa Bhadra Pujari Purohit Mahasangh, have also filed petitions challenging the Act, and several impleadment petitions have been submitted.

The Act was introduced during the peak of the Ram Janmabhoomi movement to ensure the protection of religious structures’ status as of the date of independence. It mandates that disputes already pending in courts concerning the character of religious places be abated.

In its landmark 2019 Ayodhya verdict, the Supreme Court relied on this law to affirm that cases similar to the Ayodhya land dispute cannot be entertained for other sites.

The outcome of the current case could influence ongoing suits filed by Hindu plaintiffs seeking rights to properties housing Muslim mosques. These include disputes over:

• Gyanvapi Mosque in Varanasi
• Shahi Jama Masjid in Sambhal
• Shahi Eidgah Masjid in Mathura
• Ajmer Dargah in Rajasthan

Muslim parties have consistently opposed these suits, citing the Places of Worship Act.

Also Read: Supreme Court To Hear Pleas Challenging Places Of Worship Act-1991 Today At 3.30pm