NEW DELHI: The Supreme Court on Wednesday decided to list for final hearing a batch of pleas challenging the validity of certain provisions of a 1991 law which prohibit filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi was urged by senior advocate Rakesh Dwivedi, appearing for PIL petitioner Ashwini Upadhyay, that the final hearing be accorded as the questions were framed way back on October 12, 2022.
The senior lawyer said the Centre, which was asked to file its response to the plea by October 31, 2022, is yet to submit its response.
“We will fix a date for the final hearing,” the CJI said, adding that there are two nine-judge bench matters already fixed in March and April. “Let us see. We will finalise the hearing dates after the 9- judges bench case,” the Chief Justice said.
The top court, meanwhile, refused to consider a submission that a civil court at Rajasthan be restrained from passing effective orders in Ajmer dargah case. “If they pass such orders we will see what’s to be done. We have passed an order and that is binding on all and one,” the CJI said.
On December 12, 2024, the top court restrained till further directions the courts from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.
On October 12, 2022, the top court asked the Centre to furnish by October 31 its affidavit in response to petitions challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991.