Delhi/Hyderabad, July 11 (Hydnow): In a series of petitions challenging the Places of Worship (Special Provisions) Act 1991, the Supreme Court today granted time to the Centre to file a counter affidavit.
The bench led by Chief Justice of India D.Y.Chandrachud, along with Justices P.s Narasimha and Manoj Misra directed the Centre to file its response by October 31.
During the hearing, Vrinda Grover, appearing for Jamiat Ulema-i-Hind, urged the court to consider a plea for a stay of proceedings.
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“There is an interim application seeking a stay. Across the country, matters are being litigated while the Act is in place. As of today, the Act applies, Grover said. However, the court said that it cannot utilize the Act to impose a blanket stay on ongoing suits and legal proceedings in various courts throughout the country regarding disputed religious sites.
The bench said that each party involved in a specific case must individually request a stay from the respective court, highlighting the existence of the Act and noting that it has not been stayed by the Supreme Court.
former Rajya Sabha MP Subramanian Swamy also appeared before the court and expressed his belief that the Centre is showing a tendency to seek an adjournment in the matter, emphasizing the need for it to be scheduled for a final hearing.
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Upadhyay’s plea had said, “The 1991 Act was enacted in the garb of ‘Public order’, which is a State subject (Schedule-7, List -II, entry-1), and ‘places of pilgrimages within India’ is also a State subject. So, the Centre can’t enact the Law. Moreover, Article 13 (2) prohibits the State to make laws to take away fundamental rights but the 1991 Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship and pilgrimages, destroyed by barbaric invaders.
“The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are incarnations of Lord Vishnu, the creator and equally worshipped throughout the world, hence it is arbitrary. (Hydnow)
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