NEW DELHI: The Supreme Court on Wednesday posted for July the pleas challenging constitutionality of provisions of Places of Worship Act, 1991, a law that protects the identity and character of religious places prevailed as on August 15, 1947.
The provisions of the Act, as per Section 5, however, do not apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya and also to any pleas suit, appeal or other proceeding related to the place or place of worship.
Noting that the Union has failed to clear its stand, a bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala directed for listing the matter before a three-judge bench in July. Earlier on January 9, a bench of CJI DY Chandrachud and Justice PS Narasimha agreed to post the plea after February, after the bench was informed that the Centre was “consulting” and the “process was going on”.
Noting Senior Advocate Kapil Sibal’s contention regarding maintainability of the pleas, the bench clarified that the same will be considered first. “This is legislation in terms of which certain observations were made in Ram Janmabhoomi verdict. Such pleas can’t be in the form of PIL qua judgment of court. How can you review the judgment? There cannot be PIL qua an act. Please not my preliminary objections,” Sibal had earlier argued.
Considering his submissions, the bench said the objections pertaining to maintainability will be heard first. “Senior Advocate Kapil Sibal seeks to raise preliminary objections to the maintainability of the pleas,” bench said. Questioning the Centre’s act of delay in filing a comprehensive affidavit, Advocate Vrinda Grover, appearing for All-India Muslim Personal Board and Jamiat Ulema i Hind, said that religious character of Kashi and Mathura were being sought to be altered.
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