Supreme Court Halts Lower Court Orders on Mosque Surveys Amid Places of Worship Act Review
The Supreme Court of India has directed lower courts nationwide to refrain from admitting or issuing orders in cases seeking surveys of mosques. This directive will remain in effect until the Supreme Court concludes its examination of the Places of Worship (Special Provisions) Act, 1991.
Review of the Places of Worship Act
The Supreme Court is currently reviewing petitions challenging specific provisions of the 1991 Act, which prohibits the conversion of any place of worship and mandates the preservation of their religious character as it stood on August 15, 1947. The Act aims to maintain communal harmony by preventing alterations to the status of religious sites.
Directive to Lower Courts
A bench led by Chief Justice Sanjiv Khanna, along with Justices PV Sanjay Kumar and KV Viswanathan, has instructed lower courts not to entertain new suits or pass orders, including those mandating surveys of religious sites, until the Supreme Court issues further directives. This measure seeks to prevent actions that could disrupt communal harmony during the ongoing legal review.
Government Response and Further Proceedings
The Supreme Court has requested the central government to submit a detailed response to the petitions within four weeks. Following this, other involved parties will have an additional four weeks to file their rejoinders. The Court plans to schedule hearings after all pleadings are complete.
Implications for Ongoing and Future Cases
This directive impacts several ongoing cases, including disputes over the Gyanvapi mosque in Varanasi and the Shahi Eidgah mosque in Mathura. By pausing lower court proceedings related to the survey of religious sites, the Supreme Court aims to uphold the principles of the Places of Worship Act and ensure that judicial actions do not exacerbate communal tensions.
