Supreme Court Avoids Landmark Decision on 1991 Places of Worship Act Challenge

The Supreme Court declined a plea challenging the Places of Worship (Special Provisions) Act, 1991, which preserves religious sites' status as of August 15, 1947. The Court allowed the petitioner to file an application in ongoing cases, refraining from entertaining fresh public interest litigations under Article 32 regarding this matter.

The Supreme Court on Tuesday declined to entertain a plea challenging the validity of a provision within the Places of Worship (Special Provisions) Act, 1991. This provision maintains the status of religious sites as they existed on August 15, 1947. Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar granted the petitioner, Nitin Upadhyay, liberty to file an application in ongoing cases against the Act.

The bench stated, "We are not inclined to entertain the PIL under Article 32. It's open to the petitioner to file an application." The court reiterated its February stance, which emphasized limiting intervention applications and laid a framework that any fresh petitions would be dismissed while allowing new grounds to be raised within the ongoing matters.

Petitions, including challenges from prominent figures and organizations, argue that the Act violates constitutional provisions concerning equality and religious practice. In contrast, religious bodies opposing the pleas warned that overturning the Act could lead to widespread litigation challenging countless mosques' statuses across India. The Supreme Court has restrained courts nationwide from passing orders involving surveys or registering new claims against existing religious structures while it hears the case.

(With inputs from agencies.)