Srinagar, Jan 12 (KNS) The Supreme Court on Thursday issued a nationwide directive barring courts from registering new cases or issuing orders to survey mosques to determine the presence of temple structures beneath them.
This interim measure effectively halts the increasing litigation by Hindu groups aiming to reclaim places of worship and suspends ongoing proceedings in trial and high courts.
The move is seen as a critical judicial intervention in a matter involving religious sensitivities and intricate legal debates.
The directive was issued by a special bench led by Chief Justice of India (CJI) Sanjiv Khanna, alongside justices PV Sanjay Kumar and KV Viswanathan. The bench emphasized that lower courts should not “overreach” the Supreme Court, which is currently hearing challenges related to the Places of Worship (Special Provisions) Act, 1991.
“As the matter is subjudice before this court, we deem it fit to direct that no fresh suits shall be registered, or proceedings be ordered.Click Here To Follow Our WhatsApp ChannelIn the pending suits, courts would not pass any effective or final orders, including the orders of survey, till this court decides the matter,” the bench stated.
The directive addresses a surge in cases filed by Hindu groups claiming historical temple sites under existing mosques. These disputes have fueled controversy and led to conflicting orders, heightening political and communal tensions. Despite the gravity of the issue, progress in the Supreme Court had been slow over the past two years.
Central to the dispute is the Places of Worship Act of 1991, which the Supreme Court is reviewing based on petitions both challenging and supporting its enforcement. The Act aims to preserve the religious character of all places of worship as they stood on August 15, 1947, barring any changes. It also includes penalties for violations but exempted the Ram Janmabhoomi-Babri Masjid site in Ayodhya due to pending litigation at the time of its enactment. (KNS)