SC irked over filing of many fresh pleas relating to validity of 1991 places of worship law
New Delhi (PTI): The Supreme Court on Monday expressed displeasure over the filing of several fresh pleas in a case related to validity of the Places of Worship (Special Provisions) Act, 1991 which mandates the religious character of a place to be maintained as it existed on August 15, 1947.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar also indicated that it may not take up the pending scheduled petitions, heard earlier by a three-judge bench, during the day as it was sitting in a combination of two judges.
"We might not be able to take it up", the CJI said when senior advocate Indira Jaising, appearing for a litigant, mentioned a fresh plea for hearing during the day.
At the outset of the day's proceedings, the senior advocate mentioned the matter.
"There is a limit to which petitions can be filed. So many IAs (interim applications) have been filed… we might not be able to take it up", the CJI said, adding that a date may be given in March.
The top court, through its December 12, 2024 order, effectively stalled proceedings in about 18 lawsuits filed by various Hindu parties seeking survey to ascertain original religious character of 10 mosques, including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama Masjid at Sambhal where four people died in clashes.
It had then listed all the petitions for an effective hearing on February 17.
Post December 12, several petitions have been filed, including by AIMIM chief Asaduddin Owaisi, Samajwadi Party leader and Kairana MP Iqra Choudhary and the Congress Party seeking effective implementation of the 1991 law.
Choudhary, the Lok Sabha MP from UP's Kairana, on February 14 sought to curb the increasing trend of legal actions targeting mosques and dargahs, which he submitted threaten communal harmony and the secular fabric of the country. The top court previously agreed to examine a separate plea of Owaisi with a similar prayer.
The Akhil Bhartiya Sant Samiti, a Hindu outfit, had moved the top court seeking to intervene in cases filed against the validity of provisions of the 1991 law. Earlier, the bench was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the 1991 law.
The law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
However, the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.
Muslim bodies like Jamiat Ulama-i-Hind seek strict implementation of the 1991 law to maintain communal harmony and to preserve the present status of mosques, sought to be reclaimed by Hindus on grounds that they were temples before invaders razed them.
On the other hand, petitioners like Updhyay have sought setting aside of Sections 2, 3 and 4 of the Act.
Among the reasons was also the contention that these provisions took away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
"Ultimately, we will have to hear the arguments," the bench had said, observing the primary issue was with regard to Section 3 and 4 of the 1991 law.
While Section 3 deals with the bar of conversion of places of worship, Section 4 pertains to declarations as to the religious character of certain places of worship and bar of jurisdiction of courts, etc.
The Gyanvapi Mosque management committee, in its intervention plea, opposed several pending petitions that challenge the constitutional validity of the 1991 law.
The mosque committee listed a series of contentious claims made over the years concerning various mosques and dargahs (shrines), including the Shahi Idgah Masjid in Mathura, the Quwwat-ul-Islam Mosque near Delhi's Qutub Minar, the Kamal Maula Mosque in Madhya Pradesh, and others.
It, therefore, said the petitions challenging the Act were filed with "mischievous intent" to facilitate lawsuits against these religious sites, which the 1991 Act currently protected.
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Caste census will form basis for future policy decision, says CM Siddaramaiah
Mysuru (Karnataka) (PTI): Karnataka Chief Minister Siddaramaiah on Wednesday said that the ongoing caste census would form the basis for future policy decisions, asserting that the exercise was crucial to advancing social justice in the state.
Addressing a gathering at the Siddarameshwara Jayanti celebrations here, he said caste enumeration was being carried out for the first time since 1931 and would be followed by deliberations once the report is submitted.
"At present, a caste census (Jaati Sameekshe) is underway. After the report comes, we will discuss it and take necessary decisions," Siddaramaiah said.
He underlined the government’s commitment to equality, stating, "We are committed to social justice. No one should face injustice. Even if not 100 per cent, we will strive to ensure 99 per cent justice."
Referring to measures aimed at addressing intra-caste disparities, the chief minister said the government had already implemented internal reservation based on revised classifications.
"We have gone beyond the Nagamohan Das report and implemented internal reservation… now it has been revised to 5.25 per cent, 5.25 per cent, and 4.5 per cent. This has been approved by the Cabinet," he said.
Siddaramaiah said the broader objective was to ensure equitable distribution of resources and opportunities, while reiterating that policy interventions would be guided by constitutional principles.
"Our objective is equal share and equal life for all," he said.
He also emphasised the role of education in eliminating inequalities, particularly among marginalised communities, and said empowerment was essential to dismantle entrenched caste hierarchies.
"Only when people gain such empowerment can caste divisions be eradicated. Education is essential for this," he added.
The CM said the government would examine demands raised by various communities and take decisions based on feasibility, while ensuring that benefits reached all sections without discrimination.
