Supreme Court stays surveys, new suits under Places of Worship Act, 1991
New Delhi: The Supreme Court has directed trial courts nationwide to halt surveys and effective orders in cases disputing the religious character of existing structures under the Places of Worship (Special Provisions) Act, 1991.
A Bench led by Chief Justice of India Sanjiv Khanna, alongside Justices PV Sanjay Kumar and KV Viswanathan, stated that the Act expressly prohibits such suits and proceedings.
The Court highlighted that no fresh suits could be registered, nor any final orders passed in pending cases until the validity of the 1991 Act is decided. "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," the Bench ordered.
Addressing concerns about jurisdiction, the Court remarked, "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."
The 1991 law seeks to maintain the status quo of all religious structures as they stood on August 15, 1947, barring courts from entertaining disputes regarding their character. It also stipulates that pending cases be abated, except for the Ram Janmabhoomi site, which was specifically excluded from the Act’s provisions.
The Supreme Court had previously affirmed the law in its 2019 Ayodhya verdict, granting the disputed site to the deity Ram Lalla while reiterating that other similar disputes cannot be entertained under the Act.
The current proceedings stem from petitions challenging the Act's provisions, including one filed by BJP leader Ashwini Upadhyay. Upadhyay’s plea argues that the Act perpetuates historical injustices by preventing aggrieved Hindus, Jains, Buddhists, and Sikhs from seeking legal remedies for sites allegedly appropriated during invasions.
The Jamiat Ulama-i-Hind, which sought to join the proceedings in 2022, contended that the petitions indirectly target religious places with an Islamic character. Other petitions, including one by the Vishwa Bhadra Pujari Purohit Mahasangh, have also been filed in the matter, alongside several impleadment pleas.
The outcome of the case could impact ongoing disputes over sites like the Gyanvapi Mosque in Varanasi, Shahi Eidgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, and Ajmer Dargah in Rajasthan, where Hindu plaintiffs have sought rights to the properties, claiming they were built over temples.
Muslim parties have opposed these suits, citing the Places of Worship Act to challenge their maintainability.
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Surveillance intensified in Bengal border districts as killers of Suvendu's PA may flee out of state
Kolkata (PTI): Police stations in border districts of West Bengal intensified surveillance and searches as investigators suspect the involvement of professional shooters from neighbouring states in the killing of BJP leader Suvendu Adhikari's close aide, a senior officer said on Friday.
The police are also investigating the role of local criminals who might have provided logistical support to the assailants, he said.
More than 36 hours after Adhikari's personal assistant Chandranath Rath was assassinated by motorcycle-borne gunmen at Madhyamgram in North 24 Parganas district, the police are yet to make any arrest.
“A detailed investigation is underway. The manner in which the attack was carried out suggests extensive reconnaissance and the possible involvement of hired sharpshooters from outside the state,” a senior police officer told PTI.
He also said all police stations in border districts have been alerted.
"Checks are being carried out at multiple points, and CCTV footage from areas along Jessore Road is being thoroughly scanned,” another senior officer said.
According to probe findings, the gunmen allegedly followed Rath’s vehicle before launching the attack.
“The escape route of the gunmen indicates that they were familiar with the locality, or local criminals might have assisted them. Without local support, fleeing through the lanes so quickly would have been difficult,” the officer added.
The police, however, are yet to ascertain the motive behind the murder.
The police and detective department officers have launched extensive searches in and around Madhyamgram near Kolkata.
Heavy deployment of police and central forces has also been made in the area since the murder occurred on Wednesday night.
"A motorcycle used in the crime was registered in 2012 in the name of a resident of Burnpur in Asansol. However, the police found that no person by that name currently resides at the address given during the vehicle registration process," another officer said.
