Supreme Court Halts Registration of New Suits Against Places of Worship, Issues Key Interim Orders
(Judicial Quest News Network)
In a significant judicial intervention on Thursday, December 12, the Supreme Court of India ordered that no new suits be registered against places of worship until further directions from the court. The bench also directed that courts must not pass effective interim or final orders, including orders for surveys, in cases involving religious sites such as the Gyanvapi Mosque, the Mathura Shahi Eidgah, Sambhal Jama Masjid, and others.
The interim order was issued while hearing a set of petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the religious character of any place of worship as it stood on August 15, 1947. This ruling comes amid growing concerns over an increase in suits filed across the country, claiming ownership of medieval mosques, dargahs, and other religious structures.
One such case—regarding a survey order for a 16th-century mosque in Sambhal, Uttar Pradesh—had led to violence last month, resulting in the deaths of at least four individuals. This tragic event underscored the need for the court’s intervention to prevent further escalation.
A special bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan passed the order, emphasizing that while suits may be filed, no proceedings should be initiated or registered until further instructions from the Supreme Court. The bench further directed that no interim or final orders—including survey orders—be passed in any pending cases related to places of worship until the next hearing.
The court refrained from staying the proceedings in existing suits, including those filed against mosques and dargahs. It also instructed the Union government to file a counter affidavit within four weeks, addressing the constitutional challenges to the Places of Worship Act. This affidavit is to be uploaded on a public website for easy access.
During the hearing, the court was informed that there are currently 18 pending suits against 10 mosques across the country. The bench acknowledged arguments raised by Solicitor General Tushar Mehta, who pointed out that the constitutional validity of the Places of Worship Act, which was introduced during the Babri Masjid movement, was central to the case. The Act bars the conversion of the religious character of places of worship and seeks to preserve their status as it was on August 15, 1947, with a notable exception for the Babri Masjid site, the subject of the 2019 Ayodhya verdict.
The court also appointed senior advocates Kanu Agarwal, Vishnu Shankar Jain, and Ejaz Maqbool to represent the Union, the petitioners, and parties supporting the Act, respectively. The law has become a focal point of debate following recent violent incidents, including the controversial survey of the Sambhal Jama Masjid.
As the court continues to examine the constitutional validity of the Act, it remains to be seen how this landmark order will affect ongoing cases and future disputes related to places of worship in India.
