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Supreme Court Stays Fresh Suits and Surveys Under Places of Worship Act

315 Viewed Jacob Martin Comments Off on Supreme Court Stays Fresh Suits and Surveys Under Places of Worship Act

The Supreme Court of India, led by Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, has stayed fresh surveys and legal proceedings concerning disputes over existing religious structures under the Places of Worship (Special Provisions) Act, 1991. The decision halts the initiation of new lawsuits or surveys about the religious character of these sites, emphasizing the need to maintain communal harmony.

“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 order or final orders. 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 ambit of the act,” the Court directed.

The Bench further said that no new suits can be registered over such claims.

“The matter is sub judice. No further suits can be registered till we hear and dispose of the case,” the Court said.

The Act, enacted to preserve the status quo of religious sites as of August 15, 1947, prohibits conversions and bars courts from entertaining disputes over their religious character. Exceptions include the Ram Janmabhoomi site in Ayodhya. Critics argue the Act violates constitutional rights of equality and religious freedom, while proponents highlight its role in ensuring secularism.

The Supreme Court appointed nodal counsel to streamline the case, reflecting its intention to balance constitutional obligations with communal harmony. This directive will be critical in the ongoing debate about secularism’s place in India’s legal and societal frameworks.

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