SC grants Centre time till February end to file response on pleas challenging constitutional validity of Places of Worship Act
The Act, as alleged, takes away the power of Court and Religious Sects to restore their places of Worship. Challenge has been sought against Sections 2,3,4 Places of Worship (Special Provisions) Act, 1991 on the grounds of Article 14,15,21,25,26 and 29 of the Constitution.
In pleas challenging the constitutionality of the Places of Worship Act 1991, a CJI Chandrachud led bench today granted the Central Government time till February end to file its response in the matter.
When the matter was taken up today, the Court was informed by Solicitor General Tushar Mehta that the government is still consulting on the matter.
To this, a bench also comprising Justice PS Narasimha said, "We give you time till February end. File your counter."
Notably, Senior Advocate Kapil Sibal, submitted before the bench that the present PIL had emanated from the Ram Janmabhoomi case and such a thing can not be allowed.
In reply, Senior Advocate Rakesh Dwivedi, appearing for the petitioner said, "This is against an Act, not based on some judgment."
Court noted the preliminary objections raised before it regarding the maintainability of the pleas and said that they would be considered once the hearing commenced in the matter.
In September last year, the then CJI UU Lalit led bench had sought the Centre's response over the matter.
Recently, Maharaja Kumari Krishna Priya-the daughter of Kashi Naresh Vibhuti Narayan Singh who is the current titular head of the erstwhile Royal Family of Kashi had filed an Intervention Application in the plea challenging the Places of Worship (Special Provisions) Act, 1991 (the Act) before the Supreme Court.
Krishna Priya has moved the application stating that since the former Ruler of the Princely State of Kashi was the Chief Patron of all Temples in Kashi, she, on behalf of the Kashi Royal Family, has the locus to challenge the vires of the Act on grounds of violation of Articles 25, 26, 29 and 32 of the Constitution.
Several petitions have been moved before the Top Court challenging the provisions of the Places of Worship Act. The petitioners include Advocate Ashwini Kumar Upadhyay (Main petitioner), Advocate Chandra Shekhar, former Member of Parliament Chintamani Malviya, Swami Jeetendra Saraswatee, Devkinandan Thakurji, Anil Kabootra.
On July 29, the Court directed the petitioners, who later challenged the provisions of the Places of Worship Act 1991, to move intervention applications in the plea already pending before the court, challenging the same legislation.
Apart from that, in June 2022, Jamait Ulama-I-Hind filed an impleadment application in Ashwini Kumar Upadhyay's plea. Also, the All India Muslim Personal Law Board has moved an application in the same opposing the challenge.
Case Title: Ashwini Kumar Upadhyay v. Union of India and Ors.