New Delhi: The Supreme Court on Thursday barred all courts in the country from entertaining or issuing interim or final orders in lawsuits seeking relief, including surveys of religious sites, under the Places of Worship (Special Provisions) Act, 1991.
A bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, issued the directive while hearing multiple petitions and cross-petitions concerning the 1991 Act. The law prohibits the conversion of any place of worship and mandates maintaining their religious character as of August 15, 1947.
The bench further directed that no new suits be filed or registered under the Act until further notice, and courts should refrain from passing any “effective interim or final orders” in ongoing cases.
“We are examining the vires, contours, and ambit of the 1991 Act. It is appropriate to ask all other courts to stay their hands,” the bench stated.
The court also instructed the government of India to file its response within four weeks, with a subsequent four-week window for rejoinders from other parties. A hearing will follow after the pleadings are complete.
The court permitted Muslim organisations and other parties to intervene in the proceedings. Among the petitions is one filed by advocate Ashwini Upadhyay, challenging Sections 2, 3, and 4 of the Act. Upadhyay argues these provisions deny judicial remedies for reclaiming religious sites and violate constitutional rights.
