The Supreme Court on Thursday restricted courts from registering fresh pleas in connection with the Places of Worship Act and directed the Centre to file a response within four weeks. A bench led by Chief Justice of India Sanjiv Khanna stayed courts from ordering surveys or any effective interim order until the apex court completes hearing on the matter.
Directing the Centre to file a counter affidavit within four weeks, a bench led by the CJI and comprising Justices Sanjay Kumar and K.V. Viswanathan noted Centre’s stand on the issue has to be brought on record before further hearing on the issue. The bench noted that despite multiple opportunities, the Centre has failed to file an affidavit on the matter.
Pronouncing the order, Chief Justice Sanjiv Khanna said, “The primary issue is with regard to sections 3 and 4 of the 1991 Act and its contours as well as width and expanse of the said section. As the matter is subjudice before this court, we deem it fit to direct that no fresh suits shall be registered or proceedings be ordered,” Bar and Bench reported.
Directing courts not to pass any effective interim order or final orders on pleas related to the matter, the bench said, “Our direction includes that no other court shall pass any specific directions of surveys, no effective interim order shall be passed till the court concludes this case,” the publication reported.
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The Court also appointed nodal counsels for the different sides involved in the matter: Advocate Ejaz Maqbool is the nodal counsel for parties seeking Enforcement of the Places of Worship Act, Advocate Kanu Agarwal is the nodal counsel for Centre and Advocate Vishnu Shankar Jain is the nodal counsel on behalf of parties challenging the validity of the Act.
The petitioners in the case include persons from all walks of life including the daughter of the Kashi royal family, Maharaja Kumari Krishna Priya; BJP leader Subramanian Swamy; former MP Chintamani Malviya; Anil Kabotra, a retired army officer; advocates Chandra Shekhar; Rudra Vikram Singh, resident of Varanasi; Swami Jeetendranand Saraswati, a religious leader; Devkinandan Thakur Ji, resident of Mathura and a religious guru and advocate Ashwini Upadhyay.
While the Hindu side contends certain sections of the Act violate fundamental rights granted to a citizen by the Constitution, the Muslim side argues the pleas must be dismissed and the consequences of granting the Hindu side’s prayer will be “drastic”.
