SC To Hear Asaduddin Owaisi’s Plea Regarding Places Of Worship Law On Jan 2

Places of Worship law

The Supreme Court is set to hear a plea by AIMIM chief Asaduddin Owaisi on January 2, 2025, seeking the implementation of the 1991 Places of Worship law.

This law mandates the preservation of the religious character of a place as it existed on August 15, 1947.

Owaisi, who leads the All India Majlis-e-Ittehadul Muslimeen (AIMIM), filed the petition on December 17, 2024, through advocate Fuzail Ahmad Ayyubi.

However, on December 12, the Supreme Court bench, led by Chief Justice Sanjiv Khanna, issued a restraining order on a set of petitions challenging the 1991 law. The bench prohibited all courts from hearing new suits or issuing interim or final orders in pending cases related to the reclamation of religious places, especially mosques and dargahs.

The court stated, “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.”

This ruling has effectively stalled around 18 lawsuits filed by Hindu parties, which seek surveys to determine the original religious character of 10 mosques, including the Gyanvapi Mosque in Varanasi, Shahi Idgah Masjid in Mathura, and Shahi Jama Masjid in Sambhal. These petitions are part of a broader set of legal challenges against the 1991 law, some of which involve claims regarding the historical status of these sites.

In the lead case, filed by lawyer Ashwini Upadhyay, petitioners challenge provisions of the Places of Worship (Special Provisions) Act, 1991, arguing that it limits the judicial right to reclaim places of worship. The law prohibits any alteration of a place of worship’s religious character and ensures that such sites remain as they were on August 15, 1947.

Owaisi’s plea aims to ensure that the law is enforced effectively. His counsel has pointed to several instances where courts allowed surveys of mosques at the request of Hindu litigants. Owaisi’s petition is expected to be combined with the pending matters for a hearing on January 2, where the court will likely address the issue of implementation.

On the Muslim side, several petitions have called for strict enforcement of the 1991 law, arguing that it is crucial for maintaining communal harmony and preserving the status of mosques. These petitions challenge efforts by some Hindu groups to reclaim mosques, arguing that these sites were originally temples before being demolished by invaders.

The Gyanvapi Mosque management committee has also filed a petition against the challenges to the constitutional validity of the 1991 law. It has cited several contentious claims regarding mosques, including the Shahi Idgah Masjid in Mathura and the Quwwat-ul-Islam Mosque near Delhi’s Qutub Minar.

The committee claims that these petitions, which seek to overturn the law’s protections, are filed with “mischievous intent” to enable lawsuits against religious sites currently safeguarded by the Act.

Meera Verma