Three-judge bench of Supreme Court to hear challenge to Places of Worship Act

A three-judge bench of the Supreme Court will hear the petitions challenging the Places of Worship (Special Provisions) Act, 1991 (Act)..The Place of Worship Act mandates that character of all religious places of worship should be maintained as it was on August 15, 1947 and no suit or proceeding shall lie in a court of law with respect to character of place of worship."Considering issue involved, the matter will be heard by 3 judges of this court and this matter will be listed on October 11, 2022. In the meantime all parties are directed to complete pleadings in the matter," the Court directed.The bench led by Chief Justice of India Uday Umesh Lalit also noted that although a division bench of the Court had issued notice in the case, no reply was filed by the Central Government. It, therefore, granted two weeks time to the government to a file a reply and another week for the rejoinder. It also allowed applications by the Royal Family of Kashi and Jamiat Ulema-i-Hind to intervene in the matter."Centre granted 2 weeks time to file a reply, rejoinder a week thereafter. Host of applications seek impleadment, considering nature of controversy we allow these applications and allow them to intervene in this matter," it stated..The law which was introduced during the height of Ram Janmabhoomi movement seeks to protect the status of all religious structures as it stood on the date of independence by barring courts from entertaining cases which raises dispute over the character of such places of worship.The law further provides that such cases already pending in courts would stand abated.The Act, however, carved an exception for Ram-Janambhoomi site which was the basis for courts including High Court and Supreme Court to examine the issue and deliver judgment. Since Ayodhya land was exempted, the Supreme Court had invoked this law in 2019 while awarding the disputed site at Ayodhya to child deity Ram Lalla. The Supreme Court had, however, reaffirmed that similar such cases cannot be entertained with respect to other sites in view of the Act.In the instant batch of petitions, the plea by BJP spokesperson Ashwini Upadhyay states that the Act allows illegal acts of invaders to continue for perpetuity by barring legal remedies to Hindus, Jains, Buddhists and Sikhs.The Central government has without resolution of the disputes through process of the law, abated the suit/proceedings, which is ‘per se’ unconstitutional and beyond its law making power, Upadhyay has contended..The Supreme Court had in May last year issued notice in the matter. While hearing the Gyanvapi-Kashi Vishwanath case, Justice Chandrachud had orally observed, "Ascertainment of religious character is not barred under Section 3 of the 1991 Act. Suppose there is a Parsi temple and there is a cross in the corner of the area. Does the presence of Agyari make the cross Agyari or Agyari Christian? This hybrid character is not unknown."The Jamiat Ulama-I-Hind (applicant) moved the Supreme Court seeking impleadment in the plea by Upadhyay, contending it was apparent that he has sought to indirectly target places of worship that are presently of Islamic character. Therefore, the applicant wished to be impleaded so as to put forth the views of the Muslim community..The matter will now be heard by a three-judge bench of the court on October 11 2022..[Read live coverage of the hearing below].[Read order]