The Supreme Court on Thursday directed trial courts across the country not to pass any order on petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
Noting that the Act expressly prohibited the institution of any suit that disputed the religious character of an existing religious structure, as it stood on August 15, 1947, the Bench of Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan said this was affirmed by a Constitution Bench in the Ayodhya verdict.
The top court of the country further directed that no new suits could be registered till this Court disposed of the petitions challenging the provisions of the Act.
Stating that it was on vires as well as on the ambit of the Act, the Bench directed the Union of India to file a counter-affidavit on the petitions within four weeks.
It further granted four weeks to the petitioners to submit a rejoinder after filing of the counter-affidavit.
The judgment would affect more than 18 suits filed over the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Masjid in Mathura and the Ajmer Dargah in Rajasthan.
The suits have been filed by various Hindu organisations and individuals seeking rights over Muslim mosques on claims that these mosques were built over ancient temples. The Muslim parties have opposed the maintainability of such suits on the grounds of the Places of Worship Act.
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