New Delhi: A Hindu outfit, Akhil Bhartiya Sant Samiti, has moved the Supreme Court on Monday seeking to intervene in cases filed against the validity of provisions of the 1991 law, which asks to maintain the religious character of places as it existed on August 15, 1947.
The outfit filed the plea through lawyer Atulesh Kumar. The plea has challenged Sections 3 and 4 of the 1991 Act, arguing they violated several fundamental rights including the right to equality and freedom to practice religion.
"Akhil Bhartiya Sant Samiti is challenging the validity of sections 3 and 4 of the Places of Worship (Special Provisions) Act, 1991 as unconstitutional for being violative of Articles 14,15,21,25,26 and 29 of the Constitution of India," said the plea. The plea contended that the Act prevents judicial review which is one of the fundamental aspects of the Constitution and therefore violates the basic structure of the Constitution.
"The prohibition undermines the authority of the judiciary which is an important pillar of our democracy which checks and balances the system in protecting constitutional rights of the citizens," said the plea.
"It is submitted that on 11.7.1991, when the Places of Worship (Special Provisions) Act 1991 came into force the Central Government has created arbitrary, irrational, retrospective cutoff date to declare that character of places of worship/pilgrimage shall be maintained as it was on 15.8.1947 and no suit or proceeding shall lie in the Court in respect of disputes……," said the plea.
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
In December, last year, a bench led by Chief Justice Sanjiv Khanna, restrained till further directions the courts in the country from examining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs. The top court is hearing about six petitions challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.
