GUWAHATI: The Supreme Court on Monday, February 17 raised concerns over the increasing number of intervention applications in the case challenging the Places of Worship (Special Provisions) Act, 1991. The case, titled Ashwini Upadhyay v. Union of India, has seen a surge in petitions, prompting the Court to call for a limit on such interventions.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar stated that the matter, which requires a three-judge Bench, will be taken up in March.
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"There is a limit to the number of interventions being filed," remarked CJI Khanna before listing the case for hearing next month.
Several political parties and leaders, including the Congress, CPI(ML), Jamiat Ulama-I-Hind, and AIMIM chief Asaduddin Owaisi, have filed intervention applications supporting the validity of the Act while opposing the petitions that challenge it.
The Places of Worship Act aims to maintain the religious character of places of worship as they existed on August 15, 1947, preventing legal disputes over their status. The Act prohibits courts from entertaining cases that seek to alter the character of such religious sites, with the exception of the Ram Janmabhoomi-Babri Masjid dispute.
During the 2019 Ayodhya verdict, the Supreme Court cited this law while ruling in favor of the Ram Lalla deity, clarifying that similar disputes over religious sites could not be entertained under the Act. However, this ruling has led several Hindu groups to challenge the Act’s constitutional validity, arguing that it prevents legal recourse for Hindus, Jains, Buddhists, and Sikhs whose places of worship were historically altered.
Among the petitioners is BJP leader Ashwini Upadhyay, whose plea led to the Supreme Court issuing a notice in 2021. His petition contends that the Act effectively legalizes historical invasions by barring rightful claims over disputed religious sites.
In December 2024, while hearing challenges to the Places of Worship Act, the Supreme Court directed lower courts to refrain from passing substantive orders or conducting surveys of religious sites until the apex court rules on the law’s validity.
This directive came amid multiple lawsuits filed by Hindu groups asserting that several mosques were built over ancient temples. At least 18 legal disputes are currently pending across different courts, including cases involving:
-Gyanvapi Mosque in Varanasi
-Shahi Eidgah Mosque in Mathura
-Shahi Jama Masjid in Sambhal
-Ajmer Dargah in Rajasthan
Muslim groups have opposed these claims, arguing that the Places of Worship Act upholds the religious status of sites as of 1947 and prevents such legal challenges.
