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In September last year the top court had sought Centre’s response in the plea challenging the constitutionality of the Places of Worship Act, 1991, and placed the issue before a larger bench.
The Supreme Court on Wednesday ordered that a three-judge bench will be hearing the challenge made to the provisions of the Places of Worship Act 1991 in July.
A CJI Chandrachud led bench was informed that counter by UoI had still not been filed.
"Post this in July before a three-judge bench. Centre can file reply by then if it seeks to do so", ordered the Top Court.
In September last year, A bench of then CJI U.U. Lalit, Justice S. Ravindra Bhat and Justice PS Narasimha, sought Centre’s response in the plea, and placed the issue before a larger bench.
Notably, pleas have been filed by Dr. Subramanian Swamy, Advocate J Sai Deepak, Ashwini Upadhayay and Advocate Vishnu Shankar Jain challenging the legislation.
Advocate Ashwini Kumar Upadhyay had challenged the Places of Worship Act 1991, before the Supreme Court in 2021 stating that "the Act has taken away the power of the Court and Religious Sects to restore their places of Worship". The Supreme Court issued notice in the same in, March 2021.
In June 2022, Jamait Ulama-I-Hind filed an impleadment application in Ashwini Kumar Upadhyay's plea. The All India Muslim Personal Law Board had moved an application in the same opposing the challenge.
Also, Co-Mutawalli of Teeley Wali Masjid, a 350-year old mosque in Lucknow had then moved an application for intervention in the matter.
One other plea challenging the Places of Worship Act 1991 is pending before the Supreme Court filed by Advocate Ashwini Upadhyay which states that "the Act has taken away the power of the Court and Religious Sects to restore their places of Worship". Notice was issued on the petition in March of 2021.
Another plea was filed in the Supreme Court challenging the provisions of the Places of Worship Act, 1991 stating that religious fundamentalists’ invasion on the land of India was always followed by the destruction of places of worship of eminence and a place of worship of different religious denomination was constructed or established over the ruins of the earlier structure and thus, each and every place of worship of eminence of Sanatan (Hindu) religion has one or more place of worship of a particular religious denomination in its vicinity.
Case Title: Ashwini Upadhyay vs. Union of India
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