SC no to survey of religious places, registration of suits

In a significant order, the Supreme Court on Thursday directed the trial courts not to pass any effective orders or surveys against existing religious structures in suits disputing the character of such places.

A bench headed by CJI Sanjiv Khanna on Thursday said that since the matter is "sub-judice" before the top court, "we deem it appropriate to direct that though fresh suits may be filed, no suits would be registered and no proceedings shall be undertaken therein till further orders of this court".

The bench further ordered that "no court will pass any effective interim orders or final orders including orders directing surveys etc till the next date of hearing". The order further said "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".

However, the top court refused to stay the proceedings in the suits, which are presently pending against places of worship like mosques and dargahs.

The bench also said that Places of Worship (Special Provisions) Act of 1991 expressly prohibits institution of such suits and the same cannot proceed until the validity of the 1991 law itself is decided. This was affirmed in the Ayodhya verdict by a Constitution Bench of the Supreme Court, the top court added.

The CJI also asked solicitor general Tushar Mehta, appearing on behalf of the central government, to furnish Centre's response in an affidavit.

The development took place during the resumed hearing of a clutch of petitions, challenging provisions of the Places of Worship (Special Provisions) Act of 1991 that protects religious character of structures as it stood on August 15, 1947.

"The Union government has not filed a counter. Let the counter be filed within four weeks. Respondents to do the same. Copy of counter to be served on petitioners. Petitioner shall file rejoinder within four weeks after counter," the bench ordered.

The order by the top court will impact at least 18 suits filed over four religious structures. These suits have been filed by various organisations and individuals, claiming that mosques were built over ancient temples.

These suits include those concerning the Shahi Jama Masjid in Sambhal, Gyanvapi mosque in Varanasi, Shahi Eidgah Masjid in Mathura, Ajmer Dargah in Rajasthan among others. The petitioners have opposed the maintainability of such suits by citing the Places of Worship Act.

The Act became a point of public discussion recently in view of the violent events following the survey of Shahi Jama Masjid.

The first petition was filed by Ashwini Upadhyay in 2020, in which SC issued notice to the Centre in March 2021. Later, a few other similar pleas were filed challenging the Act.