No new suits, surveys, or orders on religious properties: SC directs lower courts amid Worship Act case

The Supreme Court on Thursday, December 12 directed lower courts to refrain from entertaining new suits or issuing specific orders for surveys related to religious sites until it concludes its hearing on petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.  

The Bench, headed by Chief Justice of India (CJI) Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan, also prohibited interim or final rulings in ongoing cases concerning religious properties during this period.  

“No other court shall pass specific directions for surveys or effective interim orders until we conclude this case,” the CJI asserted.  

The Places of Worship Act was enacted to maintain the religious character of sites as they existed on August 15, 1947, effectively barring legal disputes over their status, except for the Ram Janmabhoomi site in Ayodhya. The Supreme Court’s proceedings are examining the law’s scope, validity, and constitutional underpinnings.  

The court granted the Central Government four weeks to file its response, followed by an additional four weeks for rejoinders. The verdict could significantly influence high-profile disputes, such as those involving the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Mosque in Mathura, the Shahi Jama Masjid in Sambhal, and the Ajmer Dargah in Rajasthan.  

While petitioners claim some mosques were built over ancient temples, Muslim organisations argue that such claims are barred under the Act, which seeks to avoid disruptions to communal harmony.  

BJP leader Ashwini Upadhyay, a principal petitioner, argues that the Act perpetuates historical "injustices" by preventing challenges to alleged illegalities by invaders. Meanwhile, organisations such as the Jamiat Ulama-i-Hind have labelled the petitions an attempt to undermine Islamic religious sites.  

The court has also admitted intervention applications from various groups, including the Vishwa Bhadra Pujari Purohit Mahasangh, and allowed Muslim organisations and other stakeholders to join the hearings.  
 
Enacted in 1991, the Act remains a cornerstone in maintaining communal harmony by preserving the status quo of religious sites. The ongoing hearings and eventual verdict are expected to shape India’s legal landscape on religious property disputes, potentially setting a precedent for balancing historical grievances and contemporary coexistence.