New Delhi
The Supreme Court on Wednesday posted for hearing in July a batch of petitions challenging certain provisions of the Places of Worship (Special Provision) Act, 1991, that prohibit the 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 of Chief Justice of India DY Chandrachud and Justice JB Pardiwala directed that the matter shall be listed before a three-judge bench for a hearing in July.
At the outset, the apex court was informed that the Centre has not replied yet to the pleas.
The bench said the Central government may file its reply in the meantime.
On previous occasions also the top court had granted time to the Centre to file a response.
Earlier, Solicitor General Tushar Mehta, appearing for the Central government, had sought more time to file an affidavit in the case as he needs to do deliberation with the highest level in the government.
Dr Subramanian Swamy, former MP and BJP leader had told the bench that in his plea he was not seeking to set aside the Act but only two more temples need to be added and then the Act can remain as it is.
The pleas challenged the Places of Worship Act saying that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their 'places of worship and pilgrimages', destroyed by invaders.
The 1991 provision is an Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto.
Jamiat Ulama-i-Hind had also filed a plea in the top court challenging the petitions filed by Hindu petitioners saying that entertaining the pleas against the Act will open floodgates of litigations against countless mosques across India.
India Muslim Personal Law Board had also moved the apex court opposing a batch of petitions challenging the validity of certain provisions of a 1991 law.
One of the pleas stated, "The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are the incarnation of Lord Vishnu, the creator and equally worshipped all over the world."
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The pleas further stated that the Act blatantly offends the right of Hindus, Jains, Buddhists, and Sikhs to restore, manage, maintain and administer the places of worship and pilgrimage guaranteed under Article 26 of the Indian Constitution.